The High Court granted the petitioner provisional bail for two months on furnishing bail bonds and immediate payment to the informant, directing removal of defects in the criminal petition within one month.
Petitioner released on bail provisionally for two months subject to payment of consideration to informant and removal of defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15385 of 2022
Arising Out of PS. Case No.-521 Year-2020 Thana- TEKARI District- Gaya
======================================================
SRI RAJKISHOR @ RAJ KISHORE PRASAD Son of Sita Ram Prasad Resident of village - Sherpura, Panchdewata, P.S.- Tekari, District - Gaya.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 2 For the Opposite Party/s : Mr. Md. Mushtaque Alam ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 04-01-2023
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned counsel for the opposite party no. 2.
The petitioner apprehends his arrest in connection with Tekari P.S. Case No. 521 of 2020 registered for offence punishable under sections 406 and 409 of the Indian Penal Code.
The learned counsel for the petitioner has submitted that the petitioner is ready to pay Rs. 50,000/- to the informant, to which the learned counsel for the informant expressed his willingness to accept that amount.
Considering the above-mentioned facts and circumstances, let the petitioner above-named, in the event of his
Patna High Court CR. MISC. No.15385 of 2022(3) dt.04-01-2023 2/2
arrest or surrender, within four weeks from today, be released on bail provisionally for two months on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Tekari P.S. Case No. 521 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.
The petitioner is directed to make a payment of Rs.20,000/- to the opposite party no. 2 as first installment at the time of surrender before the court below and after payment of rest amount of Rs.30,000/- within two months of passing of this order, the bail bond of the petitioner shall be confirmed.
With these observations/directions, the impugned order dated 30.07.2021 is modified to that extent.
This petition stands disposed of.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
Mahesh/- U T
1 issue framed by the court
Whether the petitioner should be released on provisional bail pending removal of defects in the criminal petition.
1 provisions across 1 enactments
Sri Rajkishor @ Raj Kishore Prasad
The State of Bihar
Mrinal Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
