Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67424 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Narendra Kumar Son Of Late Shyamlal Saw Resident Of Village- Baheri Tola Tiwarichak Yawan Khap, Ps- Sherghatti, Distt- Gaya, At Present Resides At Village- Karmauni Tola Padri, Ps- Dobhi, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arjun Saw Son Of Late Ramlal Saw Resident Of Village- Baheri Tola Tiwarichak , Ps- Sherghatti, Distt- Gaya, At Present Resides T VillageJanipur, Ps- Bodh Gaya, Distt- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit,A.P.P.

Mr. Sudhir Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

08-05-2024 Heard learned counsel for the petitioner, State and complainant/opposite party no. 2.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Section 420 of the Indian Penal Code.

3. As per the prosecution case, two cheques of Rs. 1,00,000/- (one lac) each, issued by the petitioner, got bounced due to insufficient fund.

4. At the outset, learned counsel for the petitioner submits that petitioner is ready to refund Rs. 2,00,000/- (Rupees two lacs) to the complainant in easy installments, for which, learned counsel for the opposite party no. 2 does not oppose.

5. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.67424 of 2023(3) dt.08-05-2024 2/2 let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 Judicial Magistrate 1st Class, Sherghatti (Gaya) in connection with Complaint Case No. 207 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions: "(A) At the time of furnishing bail-bond, the petitioner shall refund Rs. 1,00,000/- (one lacs) through Bank Draft to the complainant / opposite party no. 2.

(B) Rest amount i.e. Rs. 1,00,000/- shall be refunded to the opposite party no. 2 through Bank Draft in 2 (two) equal installments of Rs. 50,000/- (fifty thousand) each within a period of six months from the date of furnishing bail-bond. (C) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bond of the petitioner."

6. It is made clear that aforesaid order has been passed only for considering the prayer for anticipatory bail without going into the merit of the case.

(Prabhat Kumar Singh, J) anay U T