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Patna High CourtCR. MISC./84197/2024bail granted

Amit Kumar Jha @ Chhotu v. The State Of Bihar

2025-02-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84197 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Amit Kumar Jha @ Chhotu S/O Anup Narayan Jha Resident Of VillageAadarsh Nagar Colony, P.S- Rajnagar, District- Madhubani ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Ashis Kumar S/O Bhim Narayan Jha R/O Vill - Barhara, P.O.- Nakti, P.S. - Rajnagar, Distt.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, A.P.P.

Mr. R.Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 417, 420, 467, 468, 471/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner showed a piece of land to the petitioner to purchase and when informant purchased the same, later on, it was detected that the said land was already sold to some other person. It is alleged that during transaction, opposite party no.2 had credited Rs.1.11 lacs to the account of the petitioner.

4. By filing supplementary affidavit, it is submitted on behalf of the petitioner that alleged amount claimed by opposite party no.2 is false and concocted. However, petitioner is ready to deposit this amount in two instalments within six months in the Nazarat of the concerned Civil Court, without prejudice to his right and contention.

Patna High Court CR. MISC. No.84197 of 2024(4) dt.10-02-2025 2/2

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Madhubani in Rajnagar Police Station Case No. 167 of 2024/GR No. 1063 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on following conditions:- (i) At the time of furnishing bail bond, Rs. 55,000/ - shall be deposited by the petitioner in the Nazarat of the Court below.

(ii) Rest amount of Rs. 56,000/- shall be deposited by the petitioner in two equal installments within six months. (iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

6. It is made clear that without going into the merit of the case, aforesaid order has been passed only for the purpose of grant of bail and this deposit would be subject to the final result of the criminal case.

Shashi (Prabhat Kumar Singh, J) U T