Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72189 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== NIRAJ KUMAR Son of Arvind Kumar Resident of Village - Tharthari Dih, P.S. - Tharthari, District - Nalanda.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2022 A supplementary affidavit has been filed on behalf of the petitioner which is kept on record.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.
It is a case of cheating to the informant by the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner is ready to pay an amount of Rs.5,50,000/- to the informant, out of which, Rs.2,00,000/- will be paid as the first instalment and remaining Rs.3,50,000/- shall be paid in two equal instalments within a period of six months from the date of this order.
Patna High Court CR. MISC. No.72189 of 2021(5) dt.11-08-2022 2/2 Learned APP appearing for the State opposed the anticipatory bail.
Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Biharsharif, Nalanda in connection with Laheri P.S. Case No. 69 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that at the time of furnishing bail bond the petitioner shall submit the payment receipt about paying Rs.2,00,000/- to the informant and the learned court below shall ensure about payment of the rest two instalments by the petitioner as above.
Both the parties have liberty to file a civil suit to mitigate the dispute with regard to rest amount. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T