Tara Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13150 of 2018 Arising Out of PS.Case No. -493 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tara Mishra, Son of Durga Mishra, Resident of Village- Murila, P.S.- Choutarwa, District- West Champaran, Bettiah. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Singh For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Bagha P.S.Case No. 493 of 2015 registered for the offences punishable under Sections 409 and 120B/34 of the Indian Penal Code. It appears that petitioner being Chairman of PACS has taken loan from the Bank for purchase of paddy but he has not repaid the same and he has to repay a total amount of Rs.6,04,722/- including interest.

Submission of learned counsel for the petitioner is that due to unavoidable circumstances he could not deposit the amount but he is ready to deposit the same in instalment if some reasonable time is granted to him.

Heard learned APP also.

Patna High Court Cr.Misc. No.13150 of 2018 (2) dt.06-04-2018 2/2 Having heard both sides and in view of submission, this application is disposed of with a direction to the petitioner to deposit Rs.1,04,722/- by way of Bank Draft within a period of one month before the court below and on such deposit the court below will release the petitioner on provisional bail subject to payment of rest of the amount in equal five instalments, i.e., Rs.1 lac in each following five months in first week of every month. It is made clear that failure to make payment of any of the instalments his bail bond shall be cancelled. Once the total amount is deposited, the learned court below will confirm his bail bond. It is needless to say that the payment of amount will be subject to result of the case.

(Vinod Kumar Sinha, J) spal/- U