Abdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69647 of 2021 Arising Out of PS. Case No.-529 Year-2021 Thana- NAGAR District- Vaishali ====================================================== 1.

ABDHESH KUMAR S/o Bhagwat Roy Resident of Mohalla- Lodipur, P.S.- Town Hajipur, District- vaishali.

2.

SAURAV KUMAR @ SAURABH KUMAR S/o Arvind Kumar Resident of Mohalla- Lodipur, P.S.- Town, Harjipur, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Parmanand Kumar M/s. Apporva Harsh and Manu Tripurari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 406, 420, 34 of the Indian Penal Code.

As per the prosecution case, cheque of Rs. 8 lac was cleared by the informant's bank, i.e. State Bank of India and amount was credited in the account of petitioner No.1 whereafter petitioner No.1 transferred Rs. One lak via UPI and seven lac by cheque to petitioner No.2 and in spite of notice petitioners have not deposited the amount.

It is submitted on behalf of petitioners that petitioners are ready to refund the alleged defalcated amount of Rs. 8 lacs

Patna High Court CR. MISC. No.69647 of 2021(4) dt.20-09-2022 2/2 in four installments, within a period of one year from today. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of copy of this order, be enlarged 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, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.

529 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which, the court below shall be at liberty to cancel the bail-bond of the petitioner as also with condition that the petitioner shall refund the amount in four installments within one year from today, receipt of first refund of Rs. 50,000/- shall be deposited at the time of furnishing bail-bond. The amount so deposited by the petitioners shall be subject to final outcome of this case.

(Prabhat Kumar Singh, J) BKS/- U T