Ajay Singh@Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63999 of 2023 Arising Out of PS. Case No.-168 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ajay Singh@Ajay Kumar Singh S/O Ram Surat Singh R/O Village- Bhatpurwa, Ps. Dinara, Dist. Rohtas At Sasaram. ... ... Petitioner/S

Versus

1.

The State Of Bihar.

2.

Ajay Tanto @ Ajay Prasad Tanto S/O Rama Shankar Tanto R/O VillageBhatpurwa, Po. Bhanpur Ps. Dinara, Dist. Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Babu Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Harendra Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No.168 of 2017 dated 01.03.2017 registered for the offence punishable under Sections 406, 420, 506, 504, 379 of the Indian Penal Code.

3. Prosecution story, in brief, is that complainant filed a complaint case against the accused due to the reason that the accused abused and assaulted him, when he demanded his due money for the work that he had done as a contractor for the accused.

4. Learned counsel appearing on behalf of the petitioner submitted that he has received the instruction from the petitioner that he is ready to pay the entire due amount as alleged in the complaint case, along with interest.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.63999 of 2023(2) dt.16-10-2023 2/2 prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the petitioner is ready to pay the due amount with interest to the complainant, I am of the opinion that petitioner has, prima facie, made out a case to be released on prearrest bail.

7. Court below is directed to verify the fact that the petitioner had paid the total due amount to the complainant at the time of furnishing bail bond between six weeks from the date of this order and if the court below gets satisfied that the entire amount has been paid to the petitioner by the complainant, in that case, the petitioner is directed to be released on pre-arrest bail after verification by the Court below that he had paid and the bail is directed to be confirmed on the same day, in the event of his arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Bikramganj, Rohtas in connection with Complaint Case No.168 of 2017 dated 01.03.2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T