Allowed

Santosh Kumar Prasad v. The State of Bihar

Patna HC21 Nov 2022CR. MISC./9405/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a Section 406 IPC case. Bail is conditional on the petitioner surrendering and repaying ₹36,000 within six weeks, with the right to cancel bail if the amount is not paid.

What did the court decide?

Petitioner to be released on bail upon arrest/surrender within 6 weeks if he repays agreed amount and furnishes bonds.

Santosh Kumar Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9405 of 2022

¶2

Arising Out of PS. Case No.-1812 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj

¶3

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

¶4

Santosh Kumar Prasad, S/O Late Madan Prasad R/O Village- Shakhe Khas, P.S.- Uchkagaon, District- Gopalganj

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Phulbibi W/o Samsul Hoda R/o village- Kachahin Tola, Shakhe, P.S.Uchkagaon, District- Gopalganj

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Akhileshwar Dayal Mr. Shailendra Kumar Dwivedi

¶11

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

¶12

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

¶13

ORAL ORDER

¶14

5 21-11-2022 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.

¶15

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code.

¶16

The learned counsel for the petitioner submits that he has instruction to submit that he is willing to repay the amount which the complainant had deposited in the company on his asking. Though petitioner is not at fault as the company cheated, but still he owes his responsibility towards the complainant, as such, will repay the amount. The stand of the petitioner is fair.

¶17

The learned counsel for the complainant also submits that he has instruction that complainant is willing and ready on

¶18

Patna High Court CR. MISC. No.9405 of 2022(5) dt.21-11-2022 2/3

¶19

the terms as submitted by the learned counsel for the petitioner that he will repay Rs.36,000/- to the complainant within a period 16 weeks from today. The learned counsel for the complainant submits that the moment the complainant received the entire consideration as agreed, she will also withdraw the present case against the petitioner.

¶20

Considering the joint submissions made by the learned counsel for the petitioner and the complainant, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No.1812 of 2017, Trial No.1506 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶21

Further, if the complainant files an application before the learned trial Court bringing to its notice that the petitioner as agreed before this Court has not paid the money within time aforesaid, the learned trial Court after hearing the petitioner shall pass order in accordance with law and shall be at liberty to

¶22

Patna High Court CR. MISC. No.9405 of 2022(5) dt.21-11-2022 3/3

¶23

cancel the bail bonds of the petitioner.

¶24

The application stands allowed.

¶25

(Satyavrat Verma, J)

¶26

vikash/-

¶27

U T

Santosh Kumar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Priyanshu Saurabh Vs The State of Bihar

Bhanu Kumar Manjhi @ Bhanu Manjhi Vs the State of Bihar

Rahul Kumar @ Guddu Kumar Vs the State of Bihar

Satendra Choudhary Vs The State of Bihar

Ravindra Yadav @Rabindra Yadav Vs The State of Bihar

Dhirendra Yadav Vs The State of Bihar