Munindra Kumar @ Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73732 of 2024 Arising Out of PS. Case No.-521 Year-2023 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Munindra Kumar @ Munna Singh son of Siyasaran Prasad R/o VillageDiyawan, PS- Karai Parsurai, Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Varan Kewat Son of Late Sahtu Kewat Resident of Village- Hathila, P.S.- Karai Pasurai, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2025 Heard Mr.Rajeev Kumar, learned counsel for the petitioner, learned counsel for the complainant and Ms.Suman Kumari Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No.521(C) of 2023, registered for the offences punishable under Sections 406, 420,468, 467, 471, 323, 504 of IPC.

3. Allegation against the petitioner is that he received Rs. 2,15,000/- from the complainant by showing fake receipt of a land bearing Plot No.737, Area 05 decimal.

4. Learned counsel appearing for the petitioner

2/4 submits that there is specific allegation against the petitioner that he has received Rs. 2,15,000/- from the complainant by showing fake receipt of a land bearing Plot No.737, Area 05 decimal. Learned counsel for the petitioner, on instruction, submits that the petitioner is ready to return Rs. 2,15,000/-to the complainant.

5. Learned counsel for the complainant has no objection in this regard. Learned APP for the State submits that the petitioner carries for more cases other than the present one but fairly submits that out of four cases, the petitioner is on bail in three cases, and in one rest case, he has been acquitted by the learned court below itself, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 J.M.-III, 1st Class, Hilsa, Nalanda in connection with Complaint Case No.521(C) of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of

3/4 BNSS, 2023 and with other following conditions:- (I) At the time of furnishing bail bond, the petitioner shall deposit Rs.One Lac by way of demand draft in favour of the complainant and the learned court below is directed to hand over the said demand draft to the complainant or his representative and rest amount of Rs. 1,15,000/- (One Lac Fifteen Thousand) shall be paid by way of demand draft by three equal installments within a period of three months. If the petitioner fails to deposit the rest amount of Rs. 1,15,000/- (One Lac Fifteen Thousand) to the complainant, the complainant shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T