Ashutosh Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83808 of 2023 Arising Out of PS. Case No.-683 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ashutosh Trivedi Son of kapildev Trivedi Resident of Flat No. 907, B- Block, Expression Exotica Apartments, Gola Road, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Vimal Vibhakar, Son of Late Harendra Nath Pandey Resident of Gola Road (Near Sonu Market) Ramjaipal Nagar P.S. Rupaspur, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanchay Srivastava, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2024 Heard Mr. Sanchay Srivastava, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Danapur Complaint Case No.683(c) of 2023 dated 02.06.2023 registered under Sections 420 and 406 of the Indian Penal Code and Section 138 of Negotiable Instruments Act.

3. As per the allegation made in the FIR, the petitioner has duped the complainant for money.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has already deposited Rs.26,45,000/- out of total sum of Rs.60,00,000/- and in support of this information, he has made specific statement in paragraph no.25 of

Patna High Court CR. MISC. No.83808 of 2023(2) dt.18-01-2024 2/2 the bail application. Petitioner has submitted that to get rid-off the complaint made against him, he wants to deposit the entire amount of Rs.60,00,000/- within a period of two months.

5. Considering the aforesaid submission made on behalf of the petitioner, the petitioner is directed to be released on prearrest bail provisionally for two months and after having deposit the entire amount, he is required to file an acknowledgment relating to the same before the learned Court below and the learned Court below is directed to issue notice to Opposite Party no.2 and after hearing the parties on such terms and conditions agreed between the parties, he may proceed to confirm the provisional bail granted to the petitioner on terms and conditions as laid down under Section 438(2) of the Cr.P.C.

6. In case of failure in depositing the amount within the period of two months, this order will loose its force automatically.

7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- Chn/- U T