Shashi Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8093 of 2018 Arising Out of PS.Case No. -128 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Shashi Shekhar Son of Late, Raghuveer Prasad, Resident of Village-F-656, East Kankarbagh Colony, P.S.-Kankarbagh, Near Sumitra Enclave Apartment Kankarbagh, District-Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Agamkuan P.S. Case No. 128 of 2017 for the offence registered under Sections 406, 420/34 of the Indian Penal Code.
The allegation is regarding the petitioner and one another person, namely, Chandra Shekhar having taken a sum of Rs. 5,00,000/- loan from the informant in lieu of handing over the possession of the flat but thereafter they kept the money but did not hand over the flat.
The learned counsel for the petitioner submits that the said Chandra Shekhar has already been granted bail by the learned court below subject to the said co-accused person depositing a
Patna High Court Cr.Misc. No.8093 of 2018 (3) dt.02-04-2018 2/2 sum of Rs. Two lakhs. It is further submitted that though no evidence has been produced by the informant to connect the petitioner with the alleged crime, however, still the petitioner is willing to deposit a sum of Rs. Two lakh before the Nazarat of the concerned court.
In view of the aforesaid, the petitioner herein is directed to deposit a sum of Rs. 2,00,000/- (two lakh) before the Nazarat of the concerned court within a period of four weeks from today whereafter the petitioner shall surrender before the court below within the same time frame and upon showing the receipt of deposit of the aforesaid amount, he will be admitted to the privilege of bail on furnishing bail bond of Rs. 10,000 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No. 128 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The deposit of aforesaid sum of Rs. 2,00,000/- (two lakh) shall be subject to the final outcome of the trial. (Mohit Kumar Shah, J) S.Sb/- U T