Allowed

Pradeep Kumar v. The State Of Bihar

Patna HC28 Sept 2015CR. MISC./27714/2015

Case brief

AI extract

What is this about?

This order grants provisional bail to the petitioner in a bail application arising from cases under IPC 406, 420, and NI Act 138. The court fixes the conditional release subject to payment of the admitted debt within eight months and potential compounding of offences.

What did the court decide?

Petitioner released on provisional bail by furnishing bond of Rs. 10,000 with two sureties, conditional upon returning admitted amount within eight months.

Pradeep Kumar Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27714 of 2015

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Arising Out of PS.Case No. -163 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pradeep Kumar Son of Late Harihar Prasad Resident of village - Malahi, Police Station - Malahi, District - East Champaran, Presently residing at Kajarpatti, Police Station - Motihari Town, District - East Champaran .... .... Petitioner/s Versus 1. The State of Bihar 2. Birendra Mishra, son of Adalat Mishra, resident of village-Salahi, P.S.Govindganj, Distt. East Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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3 28-09-2015 Heard learned counsel for the petitioner, informant and the State.

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The petitioner is apprehending his arrest in a case instituted under Sections 406 and 420 of the Indian Penal Code and 138 of the Negotiable Instrument Act.

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Allegation against the petitioner is that he was supplied coal on credit by the informant. Later on, petitioner made payment of Rs. 4,23,000/- but did not return the balance amount of Rs.4,77,000/-.

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It has been submitted on behalf of the petitioner that he has got no criminal antecedent. It has further been submitted that petitioner is ready to pay back the admitted amount of Rs. 4,77,000/- to the informant within a period of eight months from today.

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On behalf of the State, it is submitted that the petitioner is

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Patna High Court Cr.Misc. No.27714 of 2015 (3) dt.28-09-2015

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2 / 2

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named in the F.I.R.

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On behalf of the informant it is submitted that he is agreed to the proposal made by the petitioner.

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Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case no. 163 of 2015 (G.R. no. 1173 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The provisional bail shall be confirmed if petitioner returns the admitted amount of Rs. 4,77,000/- within a period of eight months from today. After return of the aforesaid amount both parties shall make a joint application before the court below for compounding the offence and the court below shall pass a necessary order considering the joint petition made on behalf of the parties.

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(Sudhir Singh, J)

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sudip/-

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U T

Pradeep Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Pradeep Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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