Patna High CourtCR. MISC./41152/2018disposal with observation

Subodh Pandey v. The State Of Bihar

2018-09-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41152 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Subodh Pandey, Son of Bimal Pandey, Resident of Village- Akardha, Police Station- Chewadha, District Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alasj Chaturvedi, Adv. For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 The petitioner seeks regular bail in connection with Sheikhpura (Sirari) P.S. Case No. 140/2017, registered for offences punishable under Sections 420 of Indian Penal Code. Allegation as per F.I.R. is that petitioner purchased the paddy worth Rs. 3,96,150/- from the informant and he paid Rs. 2,45,000/- in cash and for the rest of the amount he issued two cheques of Rs. 50,000/-, which were dishonored by the bank on presentation due to insufficient balance.

It has been submitted on behalf of the petitioner that no notice has been given to the petitioner and furthermore, he has already returned Rs. 2,45,000/- and is ready to return the money, if some reasonable time is granted.

Heard learned A.P.P. also learned counsel for informant. Having heard both sides, considering the fact and

Patna High Court Cr.Misc. No.41152 of 2018 (4) dt.20-09-2018 2/2 circumstances of the case this application is disposed of with direction to the petitioner to get Rs. 51,150/- deposited in the court below by way of bank draft drawn in favour of the complainant within a period of six weeks and the court below after verifying the same shall release the petitioner on provisional bail to his own satisfaction, for a period of two months, during which period, the petitioner shall deposit rest of the amount of Rs. 1,00,000/- through bank draft drawn in favour of complainant in the court below by way of two equal installments of Rs. 50,000/- payable in the first week of each month and only after payment of full amount, the provisional bail granted to the petitioner shall be confirmed, otherwise the court below shall pass any order as he deems fit and proper.

The above amount so deposited by the petitioner shall be released in favour of complainant.

Further the aforesaid amount will be subject to the outcome of the case.

With the above observation, this application is disposed of (Vinod Kumar Sinha, J) sunil/- U T