Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65842 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Rakesh kumar S/O krishnanandan Prasad Singh Resident of House No. 136, AH Ramdih, Mor Sector 9/B, P.S- Harla, Distt.- Bokaro (Jharkhand). ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pankaj Kumar S/O Jagan Kishore Singh R/O Village- Pachoi, P.SKhijarsarai, Distt.- Gaya and presently residing at Atri Lakhibagh, P.SMuffasil, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-05-2025 The petitioner and the O.P. No.2 are present along with their respective counsels.

2. The parties were exploring the possibility of a one-time settlement and today, the counsels for both the sides have apprised the Court that a settlement between the parties has been reached upon a payment of a total amount of Rs.15,00,000/-, which would be paid within a period of 8 months, in installments of Rs.2,00,000/- for 7 months and

Patna High Court CR. MISC. No.65842 of 2024(6) dt.15-05-2025 2/3 Rs.1,00,000/- for the 8th month.

3. Taking into consideration that the matter related to criminal breach of trust and Section 138 of the N.I. Act, the same is being compromised between the parties and upon such agreement between the parties, I am inclined to grant the privilege of provisional bail to the petitioner and the same would be confirmed by the learned Court below once the full payment of Rs.15,00,000/- is made by the petitioner. The first installment of Rs.2,00,000/- would be paid before furnishing of bail bonds.

4. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Judicial Magistrate First Class - cum - Additional Munsif, Gaya, in connection with Complaint Case No.60 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall co-operate in the investigation/trial.

5. It is expected and goes without saying that once

Patna High Court CR. MISC. No.65842 of 2024(6) dt.15-05-2025 3/3 the entire payment has been made, the O.P. No.2 would take steps to withdraw the criminal case against the petitioner. (Soni Shrivastava, J) sharun/- U T