Sashi Bhusan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19383 of 2018 Arising Out of PS.Case No. -3 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Sashi Bhusan Singh, S/o Late Khakhan Singh, Residents of VillageBajitpur Khurd, P.O.- Mukundpur Garahi, P.S.- Jandaha, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raviranjan Bhardawaz, S/o Ramnaresh Sharma, Resident of VillageBhikhanpura, P.O.- Godhia, P.S- Konch, District- Gaya at present Asstt. Electrical Engineer, Supply Division, Mahnar, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Jandaha P.S.Case no.03/2017 registered for offences punishable under Sections 467, 468, 471, 406 and 420 of the Indian Penal Code.

Allegation against the petitioner is of not paying the full connected amount to the N.B.P.D.C.L. and there is allegation that he has collected altogether Rs.10,76,942 but deposited Rs.5,73,423/- and Rs.5 lac and odd had remained with the petitioner.

Submission of the learned counsel for the petitioner is that he had deposited the amount more than realized and as such the petitioner had moved before this Court for realization of the same through a writ petition and he was ordered to move against the

Patna High Court Cr.Misc. No.19383 of 2018 (4) dt.30-04-2018 2/2 award of the arbitration and he has filed Money Suit and the same is pending.

Heard learned A.P.P. and the learned counsel for the N.B.P.D.C.L. They have opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, if the petitioner is interested to deposit the amount in three equal installment by paying first installment of Rs.2,00,000/- within a period of one month, the learned trial court shall release the petitioner on provisional bail to his own satisfaction and the remaining amount shall be paid in two equal installments within two months payable in the first week of every month.

It is also made clear that if he fails to deposit any installment, his bail bond shall be cancelled and once the total amount is paid by the petitioner, his bail bond shall be confirmed. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T