Amit Kumar @ Bablu Dubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4148 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -PAROO District- MUZAFFARPUR ====================================================== Amit Kumar @ Bablu Dubey, son of Jai Mangal Dwivedi, resident of Village- Basantpur, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sanjay Kumar Singh, son of Rajendra Kumar Singh, resident of VillagePanchbhirwa, P.S.- Saraiya, District- Muzaffarpur. .... .... Opposite Partys ====================================================== Appearance :

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application for grant of anticipatory bail arises out of Paroo PS case no. 206 of 2016 disclosing offences under Sections 406, 420 of Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that on 29.02.2016 an unregistered agreement was made between the petitioner and the informant in which it is clearly stated that petitioner is liable to pay only Rs. 13,68,500/. Out of the aforesaid amount Rs. 3,00,000/- has already been paid by the petitioner. Learned counsel fro the petitioner submits that petitioner undertakes to pay the remaining amount i.e. 10,68,500/- in installments as may be fixed by the Court.

Patna High Court Cr.Misc. No.4148 of 2017 (3) dt.21-03-2017 2/2 Learned counsel appearing for the State and the informant opposes the prayer for bail.

Considering the facts and circumstances of the case specially the undertaking given on behalf of the petitioner, petitioner is directed to deposit the aforesaid amount in four equal monthly installments.

Let the petitioner appear before the Court below within a period of six weeks from the date of receipt/production of a copy of this Court in the Court below and deposit the first installement. No sooner the first installment is paid, the petitioner will be released on provisional bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Aditya Kr. Singh, J.M. 1st class, Muzaffarpur in connection with Paroo PS case no. 206 of 2016, subject to the condition laid down under Section 438(2) of Code of Criminal Procedure. After depositing all the four installments by the petitioner, his provisional bail should be confirmed, failing which the Court below shall be at liberty to pass appropriate orders cancelling his bail bonds.

(Arvind Srivastava, J.) rinkee/- U T