Allowed

Arvind Kumar @ Rajesh Prasad v. State Of Bihar and Anr.

Patna HC25 Feb 2019CR. MISC./66684/2018

Case brief

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What is this about?

The High Court of Patna, in a criminal miscellaneous application, granted provisional anticipatory bail subject to a condition that the petitioner must repay ₹1,60,000 to the complainant within one month. The bail becomes confirmed only upon fulfillment of this payment. The petition relied on an agreement to deliver a truck, which was allegedly defaulted.

What did the court decide?

Provisional anticipatory bail granted subject to a condition precedent of paying ₹1,60,000 to the complainant within one month for confirmation.

Arvind Kumar @ Rajesh Prasad Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.66684 of 2018

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Arising Out of PS. Case No.-115 Year-2017 Thana- LAHERIMUHALLA District- Nalanda

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

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Arvind Kumar @ Rajesh Prasad Son of Dilanchand Prasad, Resident of Village-Bhelwan, Mathpur, P.S.-Masaurhi, District-Patna.

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... ... Petitioner/s

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Versus

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State Of Bihar

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Ajay Kumar Mahto, S/o Bishundeo Mahto, R/o Village-Ghoshrawan, P.S.Giriyak, District-Nalanda.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raju Prasad For the Opposite Party/s : Mr.Mithilesh Kumar Khare ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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5 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest for the offences alleged under Sections 420, 406, 465, 467, 471, 120(B) IPC registered in connection with Laheri P.S. Case No. 115/2017.

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It is submitted that the petitioner has been falsely implicated and in any event the transaction between the parties at best is of civil nature. It is submitted that the petitioner had received Rs. 2,45,000/from the complainant/informant against which he has already repaid Rs. 85,0000/- and expresses his readiness to repay the remaining amount to the complainant/informant within a period of one month.

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Learned counsel for the complainant/informant appears and submits that as a matter of fact he had advanced a total amount of Rs. 3,25,000/- to the petitioner, part of which had been advanced in cash. The petitioner defaulted in delivering the truck in terms of the agreement with an intention to cheat the complainant/informant.

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Be that as it may, in the event of petitioner’s arrest or surrender within four weeks hereof let the above named

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Patna High Court Cr.Misc. No.66684 of 2018(5) dt.25-02-2019 2/2

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petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of Sri Mahendra Mishra, learned J.M. Nalanda at Biharsharif/concerned Court/successor Court in connection with Laheri P.S. Case No. 115/2017 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 petitioner.

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

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(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself 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 petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned.

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(v) The petitioner shall make payment of Rs. 1,60,000/- to the complainant/informant within a period of one month from today, which shall abide by the final result of the trial.

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The provisional bail shall stand confirmed upon payment of Rs. 1,60,000/- to the complainant/informant within the stipulated time.

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Chandran/-

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(Vikash Jain, J)

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U T

Arvind Kumar @ Rajesh Prasad v. State Of Bihar and Anr.

Case brief

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Arvind Kumar @ Rajesh Prasad v. State Of Bihar and Anr.

Case brief

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