Patna High CourtCR. MISC./49995/2023bail granted

Chandra Bhushan Mandal @ Chandra Bhushan Singh v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49995 of 2023 Arising Out of PS. Case No.-547 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Chandra Bhushan Mandal @ Chandra Bhushan Singh S/O Late Jhankur Mandal R/O Village- Japteli Jagatpur, P.S. Sahu Parbatta, Dist. Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam For the Informant :

Mr. Gautam Kejriwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seek regular bail in connection with Kotwali P.S. Case No. 547 of 2018, registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.

3. At the outset, Mr. N. K. Agrawal, learned senior counsel for the petitioner on the instruction submits that petitioner is ready to pay the balance amount of Rs. 80,50,000/- in twelve installments.

4. This application is allowed.

5. The petitioner is directed to be released on

Patna High Court CR. MISC. No.49995 of 2023(2) dt.19-08-2023 2/3 provisional bail subject to the payment of Rs. 7,00,000/- at the time of furnishing bail bond and subsequently he will pay the balance amount in eleven installment of Rs. 7,00,000/- and the last installment of Rs. 3,50,000/-.

6. The petitioner shall be released on provisional bail after payment of the first installment and thereafter the petitioner will be required to pay the installment as indicated above. After the payment of the entire amount the bail granted to the petitioner shall be confirmed.

7. The petitioner will deposit the amount by way of demand draft in the name of informant and any draft deposited in the trial court will be released in favour of the informant at the earliest point of time.

8. Learned APP has vehemently opposed the prayer for bail.

9. The petitioner is also required to mark his attendance in the Sahu Parbatta police station, DistrictBhagalpur on the first Sunday of every month. In case of any default of payment of installment the bail granted to the petitioner shall be automatically cancelled.

10. Let the petitioner, above named, be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.49995 of 2023(2) dt.19-08-2023 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Kotwali P.S. Case No. 547 of 2018.

(Sandeep Kumar, J) Ranjeet/- U T