Shiv Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60361 of 2021 Arising Out of PS. Case No.-280 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Shiv Kumar Mahto S/O Late Lakshmi Mahto R/O Village-Narial Bazar Ward No.09, P.S-Madhubani Town, District-Madhubani. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagandeo Yadav Advocate Mr. Ravi Prakash Advocate For the Opposite Party/s :

Mr. Ritesh Abhishek Advocate Mr. Parijat Sonar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 406, 504, 506/34 of the Indian Penal Code and 138 N.I. Act. It is a case of cheque bounce worth Rs. 15 lacs. By filing supplementary affidavit, it is submitted on behalf of petitioner that petitioner is ready to return the aforesaid amount to the informant in installments subject to final result of the case.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 280 of 2019, subject condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.60361 of 2021(7) dt.05-09-2022 2/2 Criminal Procedure including the following conditions:-

1. Petitioner shall fully co-operate with the investigation and trial of the case, failing which, the court below shall be at liberty to cancel the bail-bond of the petitioner.

2. Petitioner shall return Rs. 3 lacs to the informant and receipt to this effect shall be furnished at the time of processing the bail-bond, while rest amount of Rs. 12 lacs shall be returned by the petitioner to the informant in 12 equal installments within a year from the date of payment of first installment.

3. Payment would be subject to the final result of the case.

(Prabhat Kumar Singh, J) shashi/- U T