Sanjay Kumar Singh @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63759 of 2021 Arising Out of PS. Case No.-558 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== SANJAY KUMAR SINGH @ SANJAY KUMAR Son of Shiv Shankar Prasad Singh Resident of Bhagwatnagar, near Bhagwatnagar Milan Mandir, Priyadarshni Nagar, P.S. - Agamkuan, Dist. - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The petitioner apprehends his arrest in connection with Agamkuan P.S. Case no. 558 of 2021 registered under sections 406 and 420 of the Indian Penal Code. The main submission advanced by learned counsel for the petitioner is that allegation made in the F.I.R is completely false, in fact, the petitioner had a talk for sale of land with the informant regarding which he paid Rs 19000/- through cheque and issuance of the said amount of cheque was accepted by the informant in the FIR and after that the said land shown by the informant was not found suitable and then the petitioner

Patna High Court CR. MISC. No.63759 of 2021(2) dt.15-06-2022 2/3 asked the informant to return his advance money. Thereafter, present case was lodged after ulterior motive. Further submission is that the petitioner is ready to pay the alleged amount of Rs 1.25 lakh within six weeks.

Learned counsel for the informant has opposed the prayer for anticipatory bail but accepted the above proposal with regard to payment of alleged amount within six weeks. In view of above submissions and considering the petitioner's above mentioned proposal to pay entire alleged amount, let the above named petitioner, in the event of arrest or surrender within four weeks from today, be released on provisional bail for a period of six weeks on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Patnacity in connection with Agamkuan P.S. Case no. 558 of 2021 subject to condition as laid down under section 438(2) Cr.P.C.

Further on the condition that during provisional bail period, petitioner will pay entire alleged amount i.e. 1.25 lakh to the informant before the court below and after payment of the said amount the learned court below will confirm provisional bail on the same sureties and bail bond taken under this order

Patna High Court CR. MISC. No.63759 of 2021(2) dt.15-06-2022 3/3 and the informant will return cheque which is stated to be issued by the petitioner in favour of the informant in respect of Rs 19000/- mentioned in the FIR after receiving entire alleged amount.

(Shailendra Singh, J) s.hassan/- U T