Baleshwar Choudhary @ Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20321 of 2017 Arising Out of PS.Case No. -328 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Baleshwar Choudhary @ Munna Choudhary Son of Bhirgu Choudhary, Resident of Village- Hela Bazar, P.S.- Nagar Hajipur, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Hajipur Town P.S. Case No. 238 of 2015 registered for offences under sections 341, 323, 504, 420 and 34 of the Indian Penal Code.

An allegation has been made that the Informant had given Rs. 5,50,000/- to the petitioner with a condition that he will return the same but, later on, the petitioner refused to return the same which compelled the Informant to approach before court. Earlier this Court had directed learned counsel for the petitioner to take instruction with regard to return of the money to the Informant. Today, learned counsel for the petitioner submits

Patna High Court Cr.Misc. No.20321 of 2017 (4) dt.12-07-2017 that the petitioner is ready to return the entire amount but, in installment. He further submits that the petitioner will deposit the 1st installment of Rs. 1 lac within a month, 2nd installment of Rs. 1 lac in next one month and so on till liquidation of the entire amount.

In view of the statement made by the learned counsel for the petitioner, let the petitioner, namely, Baleshwar Choudhary @ Munna Choudhary in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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 Chief Judicial Magistrate, Hajipur, Vaishali in connection with Hajipur Town P.S. Case No. 328 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that in default to make payment of any installment by the petitioner within the timeframe as aforesaid, this order, granting anticipatory bail to the petitioner, will be treated to have been withdrawn.

(Shivaji Pandey, J) Rishi/- U T