Shri Bhagwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73311 of 2019 Arising Out of PS. Case No.-1488 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHRI BHAGWAN SINGH, Son of Late Kapil Dev Singh, Resident of Village- Damodarpur, P.S.- Kargahar, District- Rohtas. At present resident of Mohalla - Janki Niwash, Raj Colony, P.O. + P.S.- Sasaram Modal, DistrictRohtas. ... ... Petitioner
Versus
1. The State of Bihar
2. Sarda Verma, daughter of late Janardhan Verma, House of Vishwanath Lal, resident of Mohalla- Chawar Takiya, Ward No.13, P.S.- Sasaram Nagar, District- Rohtas.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Vikram Deo Singh, Advocate Mr. Sada Nand Roy, Advocate For the State :
Mr. Anand Mohan Prasad Mehta, APP For the Opp. Party No.2 :
Mr. Rameshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2022 Heard Sri Vikram Deo Singh, learned counsel assisted by Sri Sada Nand Roy, learned counsel for the petitioner, Sri Anand Mohan Prasad Mehta, learned APP for the State and Sri Rameshwar Singh, learned counsel for the opposite party no.2 through video conferencing. This application for anticipatory bail arises out of Sasaram Town P.S. Case No. 1488 of 2017 for the offence punishable under Sections 420, 406, 465, 467, 468, 471, 472, 120(B), 506 and 509 of the Indian Penal Code and under Section 27 of the Arms Act.
Without going into the factual details of the dispute between the parties, on the offer of Sri Vikram Deo Singh,
Patna High Court CR. MISC. No.73311 of 2019(8) dt.17-02-2022 2/3 learned counsel for the petitioner, that his client is ready to deposit an amount of Rs.4,42,252/- in the Court below without prejudiced to his case, this bail application is allowed. Accordingly, let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram Town P.S. Case No. 1488 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is also subject to the condition that the petitioner will deposit the aforesaid amount of Rs.
4,42,252/- in the Court below in monthly installment of Rs.50,000/- each in nine months by way of fixed deposit in the name of the Court below. The fixed deposit amount shall be kept with the Court below and the same shall not be released in favour of any of the parties. If the petitioner succeeds in the trial then, the maturity amount will be returned to him. If the opposite party no.2 success in the trial, in such circumstances, the maturity amount will be given to the opposite party no.2.
Initially, the Court below shall release the
Patna High Court CR. MISC. No.73311 of 2019(8) dt.17-02-2022 3/3 petitioner on provisional bail if he deposits the first installment of Rs.50,000/- at the time of furnishing his bail bonds. After payment of final installment, the provisional bail of the petitioner shall be confirmed by the Court below. The deposit of the amount in dispute is not an admission of guilt by the petitioner. The trial of the petitioner shall be concluded by the Court below expeditiously and preferably within a period of one year from today. With the aforesaid observations and directions, this bail application is allowed.
(Sandeep Kumar, J) pawan/- U T