Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86600 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Surendra Kumar S/O Ramnakul Prajapat @ Ramnakul Prajapati R/O - Mohalla- Ghughari Tand, By - pass Road, SBI ATM, P.S-Vishnupad, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the State :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-08-2025 Heard the learned counsel for the parties.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 406 and 420 of the Indian Penal Code registered in connection with Vishnupad P.S.Case No. 179 of 2023.

3. According to allegation, the petitioner took money from the informant at the pretext of selling his land. Neither the petitioner sold the land in favour of the informant, nor he returned the money.

4. On 18.02.2025, it was submitted on behalf of the petitioner that he would refund the entire money

Patna High Court CR. MISC. No.86600 of 2024(3) dt.22-08-2025 2/3 to the informant in instalments. Considering this fact, the petitioner was directed to be released provisionally for six months and he was directed to refund the entire amount to the informant in six equal monthly instalments.

5. The learned counsel for the informant has submitted that the petitioner did not stick to his words, and not a single instalment has been paid to the informant.

6. It appears that the petitioner has four criminal antecedents.

7. In view of the facts and circumstances, and disobedience of this Court order dated 18.02.2025 towards non-refund of the money to the informant, as mentioned in para-5 of the said order, this Court does not deem it appropriate to take a lenient view of the matter keeping in view the petitioner's recalcitrant attitude.

8. Accordingly, the provisional bail granted to the petitioner under order dated 18.02.2025 is recalled.

9. The learned court below is directed to issue non-bailable warrant to secure arrest of the petitioner.

10. The Superintendent of Police, Gaya, shall

Patna High Court CR. MISC. No.86600 of 2024(3) dt.22-08-2025 3/3 be responsible for executing the non-bailable warrant against the petitioner issued by the learned court below. (Nawneet Kumar Pandey, J) HR/- U T