Krishna Mohan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81733 of 2019 Arising Out of PS. Case No.-1279 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== KRISHNA MOHAN SHARMA, Son of Late Ramanand Sharma, Resident of Village- Parsa, P.S.- Naubatpur, District- Patna (Bihar) ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Premjeet Kumar, Son of Sri Rampravesh Singh, Resident of Village- Parsa, P.S.- Naubatpur, District- Patna. (Bihar) ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Shiw Kumar Prabhakar, Adv.

For the State :

Mr. Nawal Kishore Prasad, APP For O.P. No. 2 :

Mr. Manoj Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state as well as thelearned counsel for opposite party no. 2.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1279(C) of 2018, registered under Sections 420, 406, 323 and 504 of the Indian Penal Code. Sri Shiw Kumar Prabhakar, Learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to pay the admitted dues amounting to Rs.27/- lakh in two installments within four months.

Sri Manoj Kumar Singh, learned counsel appearing for opposite party no. 2, submits that while the due amount is Rs.38/- lakh, but, opposite party no. 2 is ready to receive Rs.27/- lakh in two installments.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.81733 of 2019(11) dt.29-01-2021 2/2 case and submissions of the learned counsel for the parties, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Complaint Case No. 1279(C) of 2018 shall be released on provisional bail for four months on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, II, Danapur, Patna, or the successor Court subject to the condition as laid down under Section 438(2) Criminal Procedure Code.

On the date of filing the bail bond, the petitioner will furnish the receipt showing payment of Rs.13/- lakh, out of Rs.27/- lakh, to opposite party no. 2 and the remaining amount would be paid, thereafter, within three months. If the remaining amount would not be paid by the petitioner to opposite party no. 2, within the stipulated period, the trial Court shall be at liberty to cancel the bail bond of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T