IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66684 of 2018

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

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Arvind Kumar @ Rajesh Prasad Son of Dilanchand Prasad, Resident of

Village-Bhelwan, Mathpur, P.S.-Masaurhi, District-Patna.

... ... Petitioner/s

Versus

1. State Of Bihar

2. Ajay Kumar Mahto, S/o Bishundeo Mahto, R/o Village-Ghoshrawan, P.S.-

Giriyak, District-Nalanda.

... ... 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

5

25-02-2019

Heard learned counsel for the petitioner and learned APP for

the State.

2. 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.

3. 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.

4. 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.

5. Be that as it may, in the event of petitioner’s arrest or

surrender within four weeks hereof let the above named

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

2/2

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:

(i) That one of the bailors shall be a close relative of the

petitioner.

(ii) That the petitioner shall not indulge in any similar

offence till conclusion of the trial.

(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.

(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.

(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.

6. The provisional bail shall stand confirmed upon payment

of Rs. 1,60,000/- to the complainant/informant within the stipulated

time.

Chandran/-

(Vikash Jain, J)

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