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Patna High CourtCR. MISC./45143/2023bail granted

Avinash Sharma @ Abhinash Sharma v. The State Of Bihar

2023-12-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45143 of 2023 Arising Out of PS. Case No.-260 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== AVINASH SHARMA @ ABHINASH SHARMA, S/O JAWAHAR SHARMA, R/O Village- Daudnagar, P.S- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. PRAMILA DEVI, W/O Sanjay Kumar, R/O Village Khilwar, P.SBidupur, District- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ravish Mishra, Advocate For the State :

Mr. Arun Kumar Singh, APP For the Informant :

Mr. Shivjee Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case punishable for the offence under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. It is submitted on behalf of the petitioner that he is ready to refund Rs. 5,30,000/- (Five lakhs thirty rupees) in installment to the informant, which he had borrowed from her.

4. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.45143 of 2023(5) dt.13-12-2023 2/2 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 260 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, in the light of following terms and conditions: A. At the time of furnishing bail-bond Rs.

1,50,000/- (One lakh fifty thousand rupees) shall be deposited through Bank Draft in the Nazarat of the Court.

B. Rest amount i.e. Rs. 3,80,000/- (Three lakhs eights thousand rupees), in four equal installments within a period of one year from the date of furnishing bail-bond.

C. If petitioner fails to comply with the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner. D. The aforesaid payment shall be subject to final outcome of the case.

(Prabhat Kumar Singh, J) shashank/- U T