IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47019 of 2024 Arising Out of PS. Case No.-452 Year-2019 Thana- DANAPUR District- Patna ====================================================== AJIT KUMAR S/O ISHWARA NAND SINGH R/O GOLA ROAD, BICHALI GALI, WARD NO.-23, P.S- DANAPUR, DISTT.- PATNA. ... ... Petitioner/s Versus THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Advocate Mr.Sanjiv Sharan, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, Advocate Mr. Ayush, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 20-01-2025 1. Heard the parties. 2. Petitioner seeks regular bail in connection with Danapur P.S. Case No. 452 of 2019 registered under Section 420, 406, 34 of the I.P.C. and Section 138 of the N.I. Act. 3. The prosecution story as per the first information report is that the petitioner took a sum of Rs. 16,00,000/- from the informant for the purpose of executing sale deed of a piece of land belonging to the petitioner but after receipt of the entire consideration amount the sale deed was not executed by the petitioner in favour of the informant and the petitioner by way of refund handed over three cheques amounting to Rs. Patna High Court CR. MISC. No.47019 of 2024(5) dt.20-01-2025 2/4 16,00,000/- to the informant which subsequently bounced for insufficient fund. The petitioner was taken into custody on 18.07.2019 and on the undertaking given by the petitioner that he is ready to refund the entire amount of Rs. 16,00,000/- in eight equal monthly installment of Rs. 2,00,000/- each this Court granted regular bail to the petitioner vide order dated 18.12.2019 passed in Cr. Misc. No. 72915 of 2019. After release on bail after receipt of first installment of Rs. 2,00,000/- when the petitioner did not fulfill the undertaking given to this Court and defaulted in paying further installments for which the petitioner was again taken into custody on 14.08.2022, he preferred another bail application before the court of Sessions. This time the petitioner agreed to pay the balance amount of Rs. 14,00,000/- in installments against which the petitioner deposited Rs. 4,00,000/- and promised to pay Rs. 10,00,000/- in two equal installments of Rs. 5,00,000/-. This time also the petitioner failed to abide by the terms of the bail and did not pay the sum of Rs. 10,00,000/- to the informant as promised. The petitioner was again taken into custody on 05.11.2023 and since then he is in custody and has filed the present bail application after rejection of the same by the learned Additional Sessions Judge-I, Danapur and the learned Additional Sessions Judge-I, Patna High Court CR. MISC. No.47019 of 2024(5) dt.20-01-2025 3/4 Danapur taking into consideration the fact that petitioner failed to abide by the terms and conditions of bail as agreed upon, refused to grant bail to the petitioner. 4. This time Mr. Girish Chandra Jha, learned counsel appearing for the petitioner submits that this Court may consider to grant provisional bail to the petitioner inasmuch as the petitioner is ready and willing to pay a sum of Rs. 10,00,000/- in ten equal monthly installments of Rs. 1,00,000/- each. 5. On the other hand, learned counsel for the informant opposed the prayer for bail and submits that the petitioner is a habitual offender and has cheated so many persons inasmuch as eight criminal antecedents of similar nature of cases are pending against him. The petitioner has also failed to abide by the terms and conditions of bail put by this Court and by learned Sessions Judge on three occasions. 6. Having regard to the submissions made by the parties, taking into consideration the undertaking given by the petitioner that he would pay balance amount of Rs. 10,00,000/- in ten monthly installments of Rs. 1,00,000/- each, I am inclined to grant provisional bail to the petitioner on the condition that the petitioner shall pay the balance amount of Rs. 10,00,000/- in ten equal monthly installments of Rs. 1,00,000/- and a sum of Rs. Patna High Court CR. MISC. No.47019 of 2024(5) dt.20-01-2025 4/4 1,00,000/- shall be paid by way of first installment at the time of furnishing bail bond. 7. Let the petitioner, above named, be released on provisional regular bail on furnishing bail bond of Rs. 10,000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Chaudhary, learned J.M.-Ist Class, Patna in connection with Danapur P.S. Case No. 452 of 2019. 8. It is made clear that if the petitioner fails to abide by the terms and conditions of provisional bail and fails to pay installments as agreed upon, the learned Sessions Judge shall be at liberty to cancel the provisional bail of the petitioner. praful/- (Anil Kumar Sinha, J) U T