Ashutosh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53874 of 2023 Arising Out of PS. Case No.-4039 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ashutosh Kumar Sinha Son Of Late Janardan Prasad Sinha R/O 4th Floor, Madhusudan Apartment, Mohalla- Chajjubagh, Ps- Gandhi Maidan, Patna800001 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bajendra Kumar Sinha Son Of Late Krishna Chandra Sahay Resident Of Flat No. 103, Sangmitra Apartment, Road No. 6 C, Rajendra Nagar, PsKadmakuan, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avanish Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code.

3. As per FIR, the petitioner embezzled huge money of Rs. 55,00,000/- of the complainant in the year 2015 giving false assurance to execute sale deed of a flat situated in Rajendra Nagar, Patna.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is ready to pay all the amount i.e. Rs. 55,00,000/- to the complainant in 15 equal monthly installments starting from October, 2023 through

Patna High Court CR. MISC. No.53874 of 2023(3) dt.14-09-2023 2/2 cheque/demand draft/NEFT as stated in para-5 of the supplementary affidavit. He further submits that petitioner has three criminal antecedent as stated in para-3 of the bail application.

5. Learned counsel for the complainant raised no objection.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 4039 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. On payment of entire amount, the provisional bail of the petitioner will be confirmed by the learned court below.

devendra/- (Anjani Kumar Sharan, J) U T