Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11383 of 2018 Arising Out of PS. Case No.-131 Year-2017 Thana- SAHPUR District- Patna ====================================================== Pawan Kumar Son of Late Sitaram Sah, Resident of Village-Thakurbari Road, Ward No. 4, Sahpur, POlice Station-Sahpur, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. SRI BAL MUKUND PRASAD SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sahpur P. S. Case No. 131 of 2017 registered for the offences punishable under Sections 420, 406 of the Indian Penal Code and Section 138 of N. I. Act.

Allegedly, the petitioner received articles worth Rs. 2,68,000/- supplied by the agency of the informant and the petitioner before receiving the said articles granted cheque but that was dishonoured.

At the very outset, learned counsel for the petitioner submits that now the petitioner is ready to pay Rs. 2,68,000/- in easy installments to the informant. The informant and petitioner are co-villagers and they are doing business. Learned APP submits that if the petitioner is ready to pay Rs. 2,68,000/- in equal easy installments then sympathetic

Patna High Court Cr.Misc. No.11383 of 2018(2) dt.27-02-2018 2/2 view can be taken.

In the facts and circumstanced stated above, the petitioner above named is directed to pay the amount of Rs. 2,68,000/- to the informant in six equal monthly installments and the petitioner above named is further directed to surrender before the learned court below within four weeks from the date of receipt/production of a copy of this order and on his so surrendering with the receipt showing payment of first installment i.e. of Rs. 44,666/- to the informant, the petitioner above named shall be released on provisional bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Sahpur P. S. Case No. 131 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

and after payment of rest five monthly installments the provisional bail granted to the petitioner shall be confirmed by the court below itself. Accordingly, this Criminal Miscellaneous application is disposed of with the aforesaid direction.