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Patna High CourtCR. MISC./9900/2024bail granted

Sanjay Kumar v. The State Of Bihar

2024-05-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9900 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- DUMRAO District- Buxar ====================================================== SANJAY KUMAR S/O- RAMNIMAH RAI R/O VILL- BHELDI, PSBUXAR (MUFFASSIL) DIST- BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 420, 120(B), 467, 468, 471/34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner, in conspiracy with co-accused Munna Kumar @ Daya Shankar, fraudulently took Rs. 12,80,000/- from the informant in his HDFC and Axis Bank accounts in the name of providing employment to the informant in Kuwait.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. However, without admitting his guilt, petitioner is ready to pay 50% of the alleged defalcated amount to the informant in easy installments.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is

Patna High Court CR. MISC. No.9900 of 2024(4) dt.13-05-2024 2/2 ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Buxar in connection with Dumraon P. S. Case No. 93 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 3,40,000/- (Rs. Three Lacs Forty Thousand) in the Nazarat at the time of furnishing bail-bond and thereafter, rest amount i.e., Rs. 3,00,000/- (Rs. Three Lacs) shall be deposited in two equal installments, i.e. Rs. 1,50,000/- (Rs. One Lac Fifty Thousand) each, within six months in the Nazarat, failing which, the learned court below would be at liberty to cancel the bail-bond.

6. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) Navya/- U T