← Library
Patna High CourtCR. MISC./38019/2018allowed

Mahesh Prasad v. The State Of Bihar

2018-12-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38019 of 2018 Arising Out of PS. Case No.-276 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Mahesh Prasad, S/o Late Babulal Prasad, R/o Kachouri Gali, P.S.- Chowk, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Prakash Chandra Agrawal, Adv.

Ms. Preety Kunwar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur (APP-184) For the Informant :

Mr. Binod Jee Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State as well as informant. The petitioner is apprehending arrest in connection with Kankarbagh P.S. Case No. 276 of 2018, G.R. Case No. 2070 of 2018 for the offence under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that with reference to order dated 06.07.2018 the petitioner has already handed over the draft of Rs.39,219/-. The learned counsel appearing on behalf of Mahavir Arogya Sansthan submit that after audit amount of approximately 1,02,000/- is now payable by the petitioner to the Mahavir Arogya Sansthan since the

Patna High Court Cr.Misc. No.38019 of 2018(3) dt.10-12-2018 2/2 Sansthan is a charitable institution and therefore, the Court may direct the petitioner to deposit that amount. Considering the rival submission of the parties and on consideration of the fact that petitioner has deposited Rs.39,219/- in terms of Order of the Court dated 06.07.2018, the Court is inclined to grant privilege of anticipatory bail to the petitioner. Let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Kankarbagh P.S. Case No. 276 of 2018, G.R. No. 2070 of 2018, pending in the Court of learned Chief Judicial Magistrate, Patna, District Patna, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./Rashid U T