Sudhanshu Shekhar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41817 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Sudhanshu Shekhar Mishra, Son of Surendra Mishra, Resident of MohallaKailashpuri, Ward No. 34, South Bachapan Play School, P.S. Saharsa, District- Saharsa.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Vishal Kumar, S/o Late Bijay Bhagat, Resident of Mohalla Bhartiya Nagar, Batraha, Ward No. 27, P.S. & District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

The petitioner is apprehending arrest in connection with Saharsa Sadar PS Case No. 21/2018 for the offence under Sections 406, 420, 467 and 468 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Saharsa. Pursuant to the order dated 29.10.2018, Rs.4.25 lacs has already been paid by the petitioner. Today, learned counsel appearing for the petitioner is handing over a draft of Rs.2.25 lacs to the learned counsel representing the complainant. He undertakes that the remaining amount of Rs.2 lacs shall be deposited by the petitioner by way of bank draft by 10th of January, 2019.

Patna High Court Cr.Misc. No.41817 of 2018(6) dt.11-12-2018 2/2 On the aforesaid undertaking, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail provisionally on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magisrate, Saharsa in connection with Saharsa Sadar PS Case No. 21/2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event the petitioner deposits the balance sum of Rs.2 lacs by way of demand draft by 10th of January, 2019, the court below is directed to make the provisional bail absolute. However, in the event of failure to deposit the aforesaid amount the court below may cancel the bail bond.

With the aforesaid condition, the application for grant of anticipatory bail is allowed.

(Anil Kumar Upadhyay, J) mrl./- U T