Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59317 of 2018 Arising Out of PS.Case No. -173 Year- 2018 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sujit Kumar S/o Late Saryug Mistri , R/o Vill.- Pesaur, P.S.- Rahui, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Prasad No.-1, Adv For the Opposite Party/s : Mr. Sri Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420,406 of the Indian Penal Code.

Allegation is that the petitioner had taken Rs.1,85,000/- from the informant for managing employment for the informant.

Learned counsel for the petitioner submits that in fact the petitioner had advanced loan to the informant and informant refunded the same. However, in absence of any evidence of advancement of loan by the petitioner to the informant, petitioner is ready to refund Rs.85,000/- which was paid in the bank account of the petitioner. The

Patna High Court Cr.Misc. No.59317 of 2018 (3) dt.01-11-2018 2/2 refund shall be made through bank draft in the name of informant before filing of the bail bond.

Considering the undertaking aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Rahui P.S.Case No.173 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Before accepting the bail bond, the learned court below shall satisfy about the aforesaid undertaking of refund of Rs.85,000/-.

(Birendra Kumar, J) Nitesh/- U T