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Patna High CourtCR. MISC./83646/2023disposed

Mrityunjay Kumar v. The State Of Bihar

2024-05-08Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83646 of 2023 Arising Out of PS. Case No.-971 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Mrityunjay Kumar Son of Vijay Kumar Rai R/O Village- Ramnagar, P.S.- Bihta, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-05-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Complaint Case No.971(C)2022 registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

3. As per the allegation made in the FIR, the petitioner made an agreement with the complainant to sale the land bearing Khata No.15, Khesra No.30 and took Rs.3,50,000/- as the earnest money from the complainant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is ready to return Rs.3,50,000/- to the complainant within a period of six months

Patna High Court CR. MISC. No.83646 of 2023(5) dt.08-05-2024 2/3 considering the fact that he has almost become bankrupt. Petitioner has no criminal antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the promise made by the petitioner that he will return the entire amount (Rs.3,50,000/-) to the complainant within a period of six months, the petitioner is granted provisional bail in connection with Complaint Case No.971(C)/2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C. and the learned district court deems fit and proper.

7. In case, the petitioner returns the entire amount (Rs.3,50,000/-) to the complainant within the aforesaid period of six months, the provisional bail granted to the petitioner shall be made absolute subject to conditions as laid down under Section 438(2) of the Cr.P.C. and the learned district court deems fit and proper and in case of failure, this order shall lose its force.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.83646 of 2023(5) dt.08-05-2024 3/3 paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U