Manoj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40849 of 2015 Arising Out of PS.Case No. -291 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Manoj Mishra son of Saligram Mishra resident of Village - Fulwaria, P.S. - Fulwaria, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nand Kishor Shah s/o Dev Narayan Shah, r/o Chalti Road Ratanpur, p.s. -Nagar Ratanpur, Distt - Begusarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 6.

28-07-2016 Heard both sides.

The petitioner apprehends his arrest in Town P.S. Case No. 291/15, registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code.

The informant sent wheat of Rs. 2,60,000/- to the petitioner. The petitioner undertook to transport the flour to Hugli, but the Truck with the flour was missing.

The case was sent to the mediation centre and the petitioner agreed to pay Rs. 1,60,000/- to the informant. The petitioner has already issued a cheque of Rs. 60,000/- to the informant and further agreed to pay Rs. 1,00,000/- in ten equal installments.

Patna High Court Cr.Misc. No.40849 of 2015 (6) dt.28-07-2016 2/2 On such learned counsel for the informant did not object the anticipatory bail petition of the petitioner. It appears that both the parties have compromised the case and in terms of compromise the petitioner has agreed to pay the remaining amount of Rs. 1,00,000/- in ten equal installments. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 291/15, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. If the petitioner fails to pay the remaining amount of Rs. 1,00,000/- to the informant, the informant may file petition for cancellation of bail of the petitioner.

(Prabhat Kumar Jha, J.) Vinita/- U T