Partly allowed

Ashok Kumar and Anr. v. The State of Bihar

Patna HC3 Jul 2019CR. MISC./3196/2019

Case brief

AI extract

What is this about?

The single bench allowed a petition for anticipatory bail under Section 438 CrPC. Due to payment of Rs. 70 lac via compromise, provisional bail was granted contingent on court verification of the payment claim within six weeks.

What did the court decide?

Provisional bail of Rs. 10,000/- each with two sureties granted, confirmable if court below verifies payment of Rs. 70,00,000/- in six weeks; otherwise relief withdrawn.

Ashok Kumar and Anr. Vs The State of Bihar — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3196 of 2019

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Arising Out of PS. Case No.-138 Year-2014 Thana- PARSABAZAR District- Patna

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

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Ashok Kumar, son of Sri Kamleshwar Prasad Singh @ Kuseswar Shah Singh, Resident of 502, Deo Apartment 3E/284, New Patliputra Colony, P.S. Patliputra and Dist- Patna.

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Gautam Kanodia, son of late Indra Kumar Kanodia, Resident of 504, Pushpa Anjali Plaza, Boring Road, P.S.- Sri Krishnapuri and Distt- Patna.

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... ... Petitioners

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Mohammed Abu Haidar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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6 03-07-2019

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Heard learned counsel for the petitioners and learned counsel for the State.

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In this case, the petitioners are seeking anticipatory bail in connection with Parsa Bazar P.S. Case No. 138 of 2014, arising out of Complaint Case No.25090(C) of 2014, registered for the offence under Sections 420 and 120-B of the Indian Penal Code.

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Today, a second supplementary affidavit has been filed on behalf of the petitioners attaching the copy of the Joint Compromise Petition having stated therein that an amount of Rs.70,00,000/- has been paid to the complainant/informant by different manner and different instruments.

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In view of the second supplementary affidavit as

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Patna High Court CR. MISC. No.3196 of 2019(6) dt.03-07-2019 2/2

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well as the Joint Compromise Petition filed before the Court below, let the above-named petitioners be released on provisional bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Parsa Bazar P.S. Case no. 138 of 2014, arising out of Complaint Case No. 25090(C) of 2014, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The concerned Court below will call the complainant/informant and verify the statement made in the Joint Compromise Petition of payment of Rs.70,00,000/- to the complainant/informant. If the statement made in the Joint Compromise Petition is found to be correct, in such circumstances, the provisional bail of the petitioner will be confirmed otherwise, the relief granted to the petitioner will be treated to have been withdrawn.

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Accordingly, this bail petition is disposed of.

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(Shivaji Pandey, J)

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pawan/-

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U T

Ashok Kumar and Anr. v. The State of Bihar

Case brief

What is this about?

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Ashok Kumar and Anr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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