Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55265 of 2018 Arising Out of PS.Case No. -330 Year- 2017 Thana -DIGHA District- PATNA ====================================================== Subhash Kumar S/o Shyam Narayan Singh, R/o Vill.- Bhagirathi Bigha, P.S.- Jehanabad, Distt.- Jehanabad.

.... .... Petitioner/s

Versus

(1.) The State of Bihar (2.) Harendra Kumar, s/o Shrampal Pandit r/o Keshavpur, P.S. - Digha, P.O.- Digha, District - Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra, Adv. For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Digha P.S. Case No. 330/2017, registered for the offences punishable under Sections 420, 379, and120(B) of the Indian Penal Code.

Informant alleged that he was communicated that he won one Tata Safari Vehicle and the caller asked him to deposit Rs. 2,05,000/- in the bank account of the petitioner for providing the said vehicle. Informant deposited Rs. 2,05,000/- in petitioner's account, but he did not get the vehicle.

It has been submitted that petitioner is ready to deposit Rs. 2,05,000/- within four months.

Petitioner has no criminal antecedent. He is in custody since 19.05.2018.

Patna High Court Cr.Misc. No.55265 of 2018 (4) dt.19-11-2018 2/2 Considering the fact that petitioner is ready to deposit Rs. 2,05,000/- within four months, let the petitioner abovenamed be enlarged on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 330/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

If the petitioner fails to deposit the said amount, learned court below shall pass order in accordance with law, immediately after lapse of six months on provisional bail. (S. Kumar, J) Vinita/- U T