Hridya Nath Prasad @ Hriday Nath Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50869 of 2021 Arising Out of PS. Case No.-47 Year-2007 Thana- RASULPUR District- Saran ====================================================== Hridya Nath Prasad @ Hriday Nath Kushwaha, S/o Late Parshuram Prasad, Resident of Sandaur, P.S.- Ekma, District- Saran ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Rasulpur P.S. Case No.47 of 2007 registered for the offence punishable under Sections 406/34 of the Indian Penal Code. At the very outset, learned counsel for the petitioner has offered to pay Rs.50,000/- to the informant without admitting his guilt.

Considering the aforesaid, this anticipatory bail application is allowed.

Let the petitioner, above named, in the event of his arrest/surrender within eight weeks from today in the Court below, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.50869 of 2021(2) dt.24-05-2022 2/2 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Rasulpur P.S. Case No. 47 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that petitioner shall pay the aforesaid amount of Rs.50,000/- to the informant in six equal installments. At the time of furnishing bail bonds, the petitioner shall deposit the first installment by way of a demand draft prepared in the name of the informant and the Court below, in turn, will hand over the said demand draft to the informant and not his lawyer. Thereafter, the petitioner shall pay the rest five installments to the informant in next five months. In failure to do so, the bail bonds of the petitioner shall stand automatically cancelled and he shall be taken into custody. (Sandeep Kumar, J) pawan/- U T