Sunny Deol v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42539 of 2022 Arising Out of PS. Case No.-1003 Year-2021 Thana- NAGAR District- Vaishali ====================================================== Sunny Deol S/O Mukund Nath Sah, Resident of village- Pro Colony Ward No.- 26 Yusufpur, P.S.- Nagar Hajipur District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Hajipur (Town) P.S. Case No. 1003 of 2021 lodged under Sections 406/420/34 of the I.P.C.
As per prosecution case, the informant has categorically stated that for the purpose of purchase of land, he has given total 50 lacs rupees to the accused persons but they have refused either to execute the land in his favour or to refund the money, due to this reason present case has been filed. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He also
2/4 submits that antecedent of the petitioner is clean, he is in custody since 25.04.2022 and charge-sheet has already been filed in this case.
Learned counsel for the informant submits that there are in total six cases have been filed against the two persons who are father and son. The present petitioner has received 5 lacs in cash and 5 lacs through bank draft.
During argument learned counsel for the petitioner submits that he has talked with his client, who is ready to refund 10 lacs rupees but in installment, he is ready to pay 5 lacs through D.D. at the time of bail and rest 5 lacs he shall pay in three equal installments.
Learned counsel for the informant agreed on this. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted Provisional bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali (Hajipur) in connection with Hajipur P.S. Case No. 1003 of 2021, subject to the conditions as laid down under Section
3/4 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
Petitioner's provision bail shall be accepted subject to receiving of D.D. of rupees 5 lacs by the informant in the Court and the said bail bond shall be confirmed upon providing proof of receiving of further rupees 5 lacs in three installments to the informant by the petitioner before the Court. The Trial Court is directed to confirm the bail of the petitioner maximum within 90 days upon showing the receiving of payment, if not the provision bail granted to the petitioner
4/4 shall be cancelled.
(Dr. Anshuman, J.) ravishankar/- U T