Patna High CourtCR. MISC./51268/2023bail granted

Santosh Kumar v. The State Of Bihar

2023-12-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51268 of 2023 Arising Out of PS. Case No.-286 Year-2020 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== SANTOSH KUMAR S/O RAJENDRA SHARAMA R/O VILLAGENARGA BAJRANGBALI MANDIR, P.O- NARGA, P.S- KARPI, DISTT.- ARWAL ... ... Petitioner/s

Versus

The State of Bihar 2.

GAJENDRA KUMAR S/O LATE DEVLAKHAN SINGH R/O VILLAGENADIYAWAN, P.S- KAKO, DISTT.- JEHANABAD. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner as well as learned counsel for the O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 286 of 2020 for the offences punishable under Sections 406 and 420 of Indian Penal Code.

3. The complainant lodged this case with allegation that he advanced money to the petitioner as per agreement to sale deed, but he did not return his money.

4. Learned counsel for the petitioner submits that petitioner is ready to return Rs. 7,00,000/-, the amount which he had received pursuant to the agreement to sale deed, in four

Patna High Court CR. MISC. No.51268 of 2023(6) dt.13-12-2023 2/2 equal monthly installments.

5. The learned counsel for the O.P. No. 2 submits that some money has also been advanced by the complainant in cash to the petitioner besides those seven lakhs, to which the learned counsel for the petitioner denies.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory 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, Jehanabad in connection with Complaint Case No. 286 of 2020, subject to the conditions as laid down under Section 438(2) CrPC.

7. The petitioner is directed to return Rs. 7,00,000/- to the complainant in four equal monthly installments. (Nawneet Kumar Pandey, J) SONALI/- U T