Ravi Kant Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55843 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Ravi Kant Patel Son Of Late Raj Kishore Mandal R/V- Village- Bariyarpur, P.S.- Piri Bazar, Distt.- Lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Gopal Mandal Son of Late Shiv Nandan Mandal Resident of Village Bariyarpur, P.S. Piri Bazar Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narsingh Tanti, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-03-2025 In pursuance to the earlier order dated 25.02.2025, both the parties appeared with their respective counsel in Chambers proceeding.
2. Heard the parties.
3. The petitioner is apprehending his arrest in connection with Piri Bazar P. S. Case No. 21 of 2024 for the offence under Sections 406, 420, 506 of the Indian Penal Code.
4. As per prosecution story, informant has alleged that on 21.03.2021, he had lend an amount of Rs. 6 lakhs to the petitioner. After one year, when the informant asked for his money then petitioner requested for some time with regard to
2/4 payment of said due amount. On 25.11.202, when informant again asked for his money then petitioner refused to pay the entire amount and said that he had not borrowed any amount from the informant and there is no proof of the said payment and also threatened the informant not to come again at his home.
5. Learned counsel for the petitioner submits that petitioner is quite innocent, committed no offence and has been falsely implicated in this case. He further submits that one Manish Kumar was selling a piece of land and the informant was purchaser of the said land and on mutual consent between both the persons (vender/vendee) in presence of petitioner it was agreed that the sale amount will be deposited into the petitioner's account and Manish Kumar (vendor) will take money from the petitioner. Accordingly total Rs. 3,60,000/- only has been transferred by the informant to the account of petitioner and regarding rest amount of 2,40,000/- he is unable to place the evidence and as such it seems that Rs. 2,40,000/- has not been paid and this is a false and ornamental allegation, having no proof at all. So far allegations of amount of Rs. 3,60,000/- is concerned, the petitioner has transferred the amount of Rs. 1,75,000/- to the account of Manish Kumar (vendor) and rest amount of Rs. 1,36,000/- has been transferred
3/4 to the account of Gopal Mandal (informant) through Google pay and rest amount of Rs. 59,000/- the petitioner is ready to pay.
7. During course of argument, learned counsel for both the parties submits that matter has been amicably settled between the parties on the terms and conditions that petitioner will pay Rs. 2,34,000/- in four installments within four months. He is also ready to pay 1st installment of Rs. 1,00,000/- (one lakh) at the time of filing bail bond. Petitioner is ready to file an undertaking regarding the aforesaid payments in the trial court at the time of filing bail bond. Both parties agreed on the above terms and conditions relating to aforesaid payment.
8. Keeping in view the aforesaid facts, let the petitioner be enlarged on anticipatory bail provisionally in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Lakhisarai in connection with Piri Bazar P. S. Case No. 21 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. Trial Court will confirm the provisional bail of the petitioner after verifying the payment of final agreed amount i.e.
4/4 Rs. 2,34,000/- (two lakh and thirty four thousand) in favour of the informant.
(S. B. Pd. Singh, J) prabhakar/- U T