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Pappu Kumar (Chairman) v. The State of Bihar

Patna HC11 Apr 2019CR. MISC./22914/2019

Case brief

AI extract

What is this about?

The Patna High Court granted provisional anticipatory bail to two petitioners accused under IPC Sections 409 and 420. Bail was subject to conditions including depositing a disputed amount in monthly installments, presence in court, and cooperation with investigation, with automatic cancellation terms for default.

What did the court decide?

Release on provisional anticipatory bail upon furnishing bond and sureties, depositing Rs. 31,23,250/- in eight monthly installments, and complying with specific litigation conditions.

Pappu Kumar (Chairman) Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22914 of 2019

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Arising Out of PS. Case No.-138 Year-2018 Thana- ARIYARI District- Sheikhpura

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======================================================

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PAPPU KUMAR (CHAIRMAN) Son of Vimal Yadav R/o village- Pathraita, P.S.- Ariari, District- Sheikhpura

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Shiv Kumar (Manager) Son of Vimal Yadav R/o village- Pathraita, P.S.Ariari, District- Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Devendra Prasad Singh For the Opposite Party/s : Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 11-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 409, 420 IPC registered in connection with Ariari P.S. Case No. 138/2018.

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It is submitted that the petitioners who are the Chairman and Manager respectively of the Hajratpur Mandro PACS have been falsely implicated on the accusation of short delivery of 2015 quintals paddy to the S.F.C. It is submitted however, that the petitioners are ready and willing to ensure that value of the said 2015 quintals paddy amounting to Rs. 31,23,250/- would be deposited to the concerned S.F.C. in instalments. The petitioners claim clean antecedents.

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Be that it may, in the event of petitioners arrest or surrender within four weeks hereof let the above named petitioners be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two

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Patna High Court CR. MISC. No.22914 of 2019(2) dt.11-04-2019 2/2

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sureties of like amount each to the satisfaction of learned SDJM, Sheikhpura in connection with Ariari P.S. Case No. 138/2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

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(i) That one of the bailors shall be a close relative of the petitioners.

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(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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(iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(v) The petitioners shall make deposit of the entire amount of Rs. 31,23,250/- as aforesaid in eight equal monthly instalments, first of which shall be paid by 30^th April, 2019 and the remaining by 30^th of every succeeding month.

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The provisional bail granted to the petitioners shall stand confirmed, if the entire payment of the amount of Rs. 31,23,250/is made within the stipulated period of eight months. In case the petitioners fail to deposit any two consecutive instalments, the provisional bail shall stand automatically cancelled.

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(Vikash Jain, J)

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Chandran/-

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U T

Pappu Kumar (Chairman) v. The State of Bihar

Case brief

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Pappu Kumar (Chairman) v. The State of Bihar

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