Prayag Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50303 of 2023 Arising Out of PS. Case No.-1367 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== 1.

PRAYAG SHARMA S/O LATE DASHRATH THAKUR R/O VillageKajari Buzurg, P.S- Jandaha, Distt.- Vaishali at Hajipur. 2.

Paramhansh Sharma S/O Late Dashrath Thakur R/O Village- Kajari Buzurg, P.S- Jandaha, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Lalit Singh S/O Pragash Singh @ Prakash Singh R/O Village- Kajari Buzurg, P.S- Jandaha, Distt.- Vaishali at Hajipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachin Kumar, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, A.P.P.

Mr. Prakash Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code.

3. As per prosecution case, these petitioners along with other accused persons fraudulently took Rs. 10,00,000/- (ten lacs) from the complainant.

4. By filing supplementary affidavit, learned counsel for the petitioners submits that petitioners have already paid Rs. 60,000/- (sixty thousand) to the complainant on 23.04.2021 through Cheque No. 002101 and they are ready to pay rest of

Patna High Court CR. MISC. No.50303 of 2023(4) dt.19-09-2023 2/3 the amount i.e. Rs. 9,40,000/- (nine lacs forty thousand) to the complainant in installments within one year.

5. Considering the aforesaid contention made on behalf of the petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 1367 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further directions :- (i) At the time of furnishing bail-bond Rs. 2,50,000/- (two lacs fifty thousand) shall be deposited through Bank Draft in favour of the complainant.

(ii) Rest amount i.e., Rs. 6,90,000/- (six lacs ninety thousand) shall be deposited in three installments at the rate of Rs. 2,30,000 (two lacs thirty thousand) within one year through Bank Draft.

(iii) If petitioners fail to comply with the aforesaid directions of this Court, the court below would be at liberty to cancel the bail-bond of the petitioners.

Patna High Court CR. MISC. No.50303 of 2023(4) dt.19-09-2023 3/3

6. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail. (Prabhat Kumar Singh, J) Navya/- U T