Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51736 of 2024 Arising Out of PS. Case No.-4574 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ankit Kumar Son of Jai Prakash Sinha R/O- MOHALLA- JAGDISHPURI LANE NO. 02, CLUB ROAD, MITHANPURA, P.S.- MITHANPURA, DISTT.- MUZAFFARPUR ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

PRATIK PARASAR SON OF LATE SHASHIBHUSHAN MISHRA R/OVILLAGE- MAHAMMADPUR MOHAN, P.S.- SAKRA, DISTT.- MUZAFFAPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Mr. Rajeev Ranjan No. II For the State :

Mr. Md. Aslam Ansari For the Complainant :

Mr. Pradeep Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned APP for the State.

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

3. The prosecution case is that the petitioner and other co-accused persons took consideration money of Rs.30,00,000/-, through different payment modes, from the complainant for the purpose of sale deed but later on denied to

Patna High Court CR. MISC. No.51736 of 2024(2) dt.04-09-2024 2/3 do so.

4.

A counter affidavit is filed on behalf of the complainant in which he has stated that Rs.6,50,000/- was given to the petitioner through RTGS.

5. It is submitted by learned counsel for the petitioner that petitioner is a man of clean antecedent and he is ready to return the amount of Rs.6,50,000/- to the complainant in two installments within six months.

6. Having regard to the facts and circumstances of the case as the petitioner is ready to return Rs.6,50,000/- to the complainant in two installments within six months, let the above named petitioner, be released on provisional bail for a period of six months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.4574 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. However, the provisional bail of the petitioner shall be confirmed by the learned Court below itself after satisfying

Patna High Court CR. MISC. No.51736 of 2024(2) dt.04-09-2024 3/3 that the petitioner has paid Rs.6,50,000/- to the complainant.

8. Accordingly, this application is disposed of. (Anjani Kumar Sharan, J) shikha/- U T