IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31309 of 2011
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Nagmani Kumar @ Nagmani Singh, son of Jawahar Singh, resident of
Village Rotwan, P.S. Baghaila, Distt. Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
4 16-11-2011 Heard.
The petitioner apprehends his arrest in a criminal
prosecution, based on a complaint petition, in which cognizance
has been taken under Section 406 of the Indian Penal Code.
According to the prosecution case, the petitioner is
alleged to have purchased on credit one diesel engine motor pump
of eight horse power costing Rs.23,000/- from the complainant
with a promise to pay the price at a later date. According to the
complainant, despite reminders, the price of the diesel engine
motor pump has not been paid by the petitioner.
Learned counsel appearing on behalf of the petitioner
submits that without going into the controversy about the
correctness or otherwise of the prosecution allegation, the
Patna High Court Cr.Misc. No.31309 of 2011 (4) dt.16-11-2011
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petitioner is prepared to deposit Rs.23,000/- in the court below
within a period of six weeks from today, provided the aforesaid
deposit is not construed as admission of his guilt.
Be that as it may, in the facts and circumstances of the
case, if the petitioner deposits the aforesaid amount of Rs.23,000/-
within the aforesaid period of six weeks from today either in cash
or through treasury challan or through bank draft, as per direction
of the learned trial court, then he shall be enlarged on bail, in the
event of his arrest or surrender before the learned court below
within the aforesaid period of six weeks from today in connection
with complaint case No.474 (C) of 2008 (Tr. No.2323 of 2009) on
furnishing bail bond of Rs.10,000/-(ten thousand) with two
sureties of like amount each to the satisfaction of learned Chief
Judicial Magistrate, Rohtas at Sasaram subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
However, it is made clear that if the petitioner fails to
deposit the aforesaid amount within the time prescribed, then it
shall be construed that the prayer for anticipatory bail made on
behalf of the petitioner has finally been rejected by this Court, and
in that case he will be obliged to surrender in the court below and
seek regular bail, which shall be considered on its own merit,
without being influenced by the present order.
Patna High Court Cr.Misc. No.31309 of 2011 (4) dt.16-11-2011
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It is further clarified that the amount deposited by the
petitioner shall be kept intact by the trial court and if the petitioner
is acquitted after conclusion of the trial, then the money may be
returned to him. However, if he is held guilty, then money shall be
forfeited and shall be utilized as per direction of the learned trial
court.
(Birendra Prasad Verma, J)
Anjani /-