Prabhat Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.242 of 2023 Arising Out of PS. Case No.-375 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== PRABHAT RANJAN SON OF DHIRENDRA CHAUDHARY R/O VILLAGE- KUSHESHWAR AASTHAN, P.S.- BIRAUL, DISTRICTDARBHANGA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwa Nath Chaudhary For the Opposite Party/s :

Mr.Brajendra Nath Pandey For the Inf., Mr. N. Upadhyay, Mr. M.S. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for regular bail has been filed by the petitioner instituted for the offence under Sections 406, 420/34 of the Indian Penal Code and Section 138 of the N.I. Act.

As per allegation in the FIR, petitioner has fraudulently took an amount of Rs. 7,74000.- from the informant on the pretext of providing dealership of scooty. Two cheques of Rs. 4,74,000 and another of Rs. 50,000/- have been bounced which were handed over to the informant by the petitioner and then the present FIR.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.242 of 2023(5) dt.15-05-2023 2/3 that petitioner has been falsely implicated in this case. By way of filing supplementary affidavit, it has been brought on record by learned counsel for the petitioner that petitioner is ready to return back an amount of Rs. 5,24,000/- to the informant. Petitioner is languishing in judicial custody since 5.5.2022. Learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today.

On receipt of the bank account number of the informant, the petitioner shall deposit all the amounts (Rs. 5,24,000/-) in five regular monthly installments. Subject to condition that he will deposit first installment of Rs. 1,24,000/- within a period of one month after releasing from custody followed by four equal monthly installments of Rs. One lac . Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM, Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 375 of 2018.

Patna High Court CR. MISC. No.242 of 2023(5) dt.15-05-2023 3/3 The aforesaid payment will be subject to final adjudication of the matter.

(Sunil Kumar Panwar, J) sushma/- U