Pushpanjali Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55982 of 2024 Arising Out of PS. Case No.-1073 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Pushpanjali Kumar Son of Mohan Prasad Sing Resident of village- Charo, PS- Warisnagar, District- Samastipur ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
AMARJEET MAHTO SON OF GYANCHAND MAHTO R/V- VILLAGEBALAHI, P.S.- WARISNAGAR, DISTT.- SAMASTIPUR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Barun Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
3 . As per prosecution case , allegation against this petitioner is that he has taken Rs. 1,70,000/- from complainant with a promise to return the same within 15 days but after 15 days when complainant demanded his money , petitioner failed to return the same .
4. Learned counsel for the petitioner denies the prosecution case and without admitting his guilt submits that he
Patna High Court CR. MISC. No.55982 of 2024(3) dt.24-09-2024 2/2 is ready to pay the 50 per cent of the total alleged amount i. e ,. Rs. 85,000/- (eighty five thousand ) in the Court below .
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 JM 1st Class Samastipur in C R. No. 1073 of 2019 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 85,000/- (eighty five thousand ) through Bank Draft/cash in the Nazarat of Civil Court, Samatipur at the time of furnishing bailbond. (ii) The aforesaid payment shall be subject to the final outcome of the case .
(iii) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) Koushik/- U