The High Court of Patna granted anticipatory bail to the petitioner charged under Section 420 IPC, contingent upon depositing the balance outstanding amount within three months under Section 438(2) Cr.P.C.
Petitioner granted anticipatory bail with condition to deposit Rs. 3,00,000 within three months or bail may be cancelled.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68699 of 2019
Arising Out of PS. Case No.-1031 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai
======================================================
DR. SANJEEV KUMAR AGRAWAL @ TOLIJI Son of Late Arbind kumar Agrawal Resident of Village - Mungiriganj, Kharag narain Road, P.S.Begusarai, Dist.- Begusarai
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nand Kishore Prasad Sinha For the Opposite Party/s : Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
Heard Mr. Nand Kishore Prasad, the learned
counsel for the petitioner and Mr. Sanjay Sinha, for the
complainant / Opposite Party No. 2.
The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1031(C) of 2019 instituted for the offences under Section 420 of the Indian Penal Code.
At the outset, the learned counsel for the parties candidly informed this Court that several complaints were filed by Opposite Party No. 2 against
Patna High Court CR. MISC. No.68699 of 2019(2) dt.27-11-2019 2/3
the petitioner and in all such cases, attempt has been made to redress his grievance.
In the instant case, out of the outstanding amount of Rs. 20,00,000/-, Rs. 17,00,000/- has already been deposited and only 3,00,000/- is outstanding as against the petitioner, which is due to the complainant / Opposite Party No. 2.
Mr. Nand Kishore Prasad Sinha, on instructions,
submits that the balance amount of Rs. 3,00,000/- shall be deposited within a period of three months to be, counted from today.
Considering this stand of the petitioner, this
Court is inclined to grant anticipatory bail to him
The petition is allowed.
The petitioner, above-named, is directed to be
released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.
Patna High Court CR. MISC. No.68699 of 2019(2) dt.27-11-2019 3/3
10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 1031(C) of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
If the balance amount of Rs. 3,00,000/- is not deposited within a period of three months as undertaken on behalf of the petitioner, it would be open for the complainant / Opposite Party No. 2 to proceed for cancellation of the anticipatory bail of the petitioner.
With the aforesaid observation / direction, this petition stands disposed off.
(Ashutosh Kumar, J)
skm/-
U
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in anticipation of arrest under Section 420 IPC?
Whether conditions for discharge of outstanding funds are necessary and enforceable for granting anticipatory bail?
1 provisions across 1 enactments
Dr. Sanjeev Kumar Agrawal @ Toliuji
The State of Bihar
Yogendra Traders Pvt Through Prakash Kumar Agrawal
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
