Petitioner applied for confirmation of provisional bail in a criminal case. Court directed petitioner to pay Rs. 2,79,000 as compensation to the respondent within six months to secure confirmation of bail under Cr.P.C. Section 438(2).
Petitioner directed to pay Rs. 2,79,000 to opposite party within six months; upon receipt confirmation of bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18013 of 2021
Arising Out of PS. Case No.-510 Year-2020 Thana- NAGAR District- Vaishali
======================================================
AMIT KUMAR SINHA SON OF ASHOK KUMAR SINHA R/O - PRAGATI NAGAR, POKHARA MOHALLA, P.S.- HAJIPUR TOWN, DISTRICTVAISHALI.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs.Bela Singh For the Opposite Party/s : Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
6 28-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Vide order dated 10.01.2022, notice was directed to be issued upon the opposite party no.2. Although, notice has been duly received by the opposite party no.2 but nobody has entered appearance on his behalf to argue the case.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 406, 341, 323,
Patna High Court CR. MISC. No.18013 of 2021(6) dt.28-06-2022 2/2
506/34 of the Indian Penal Code.
Vide order dated 10.01.2022, petitioner was granted provisional bail. Learned counsel for the petitioner submits that the petitioner is ready to pay Rs.2,79,000/- (Rupees Two Lakh Seventy Nine Thousand) to the opposite party no.2.
Considering the same, the petitioner is directed to pay the aforesaid amount to the informant within a period of six months from today and on showing the receipt of payment of Rs.2,79,000/-, the learned court below shall confirm the provisional bail of the petitioner named above, granted by this Court vide order dated 10.01.2022, in connection with Hajipur Town P.S. Case No.510/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
pallavi/-
U T
2 issues framed by the court
Whether to confirm the provisional bail of the petitioner upon acceptance of compensation undertaking.
Whether to direct the petitioner to pay compensation to the injured party as a condition for confirming bail.
1 provisions across 1 enactments
Amit Kumar Sinha
The State of Bihar
Gaurav Kumar
Anjani Kumar Sharan
As recorded by the court registry
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