Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52567 of 2023 Arising Out of PS. Case No.-1643 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Mintu Kumar Son of Shri Nande Gope Resident of village - Mogalkuan, P.S. - Sohsarai, Distt. - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amit Kumar son of Shri Arbind Pandey R/o- Magadh Colony Po PsSohsarai Town Bihar Sharif Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

For the State :

Mr. Sanjay Kumar Tiwary, APP For the O.P. No. 2 :

Mr. Lal Mani Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1643C of 2019 registered under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

3. Learned counsel appearing on behalf of the petitioner submits that during the pendency of this case, petitioner has already paid Rs. 5,00,000/- to the complainant/opposite party no. 2 and he is ready to pay rest of the amount i.e. Rs. 1,00,000/- to the complainant.

4. Learned counsel for the opposite party no. 2 does not dispute the contention made on behalf of the petitioner.

5. Having considered the aforesaid contention made on

Patna High Court CR. MISC. No.52567 of 2023(11) dt.16-05-2024 2/2 behalf of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I Biharsharif, Nalanda in connection with Complaint Case No. 1643C of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with direction to the petitioner that :- i. Petitioner shall pay Rs. 50,000/- (Fifty Thousand) to the opposite party no. 2 through Bank Draft/Cash and will produce the receipt of the same at the time of furnishing bailbond, and rest amount i.e. Rs. 1,00,000/- (one lakh) shall be paid in two equal installments within a period of 6 months through Bank Draft/Cash to the opposite party no. 2, failing which, the learned Court below would be at liberty to cancel the bail-bond.

6. It is made clear that this order has been passed only for the purpose of bail, without going into the merit of the case. (Prabhat Kumar Singh, J) utkarsh/- U T