Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 646 of 2013 Ranjit Kumar Singh ... ....Petitioner Vs. 1.The State of Jharkhand 2.Md. Rafique @ Nawab ....Opposite Parties CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioner: Mr. Mahesh Tewari For the State: Mr. Niki Sinha, APP For the O.P. No. 2: Mr. D.K. Karmakar 7/10.09.2013: Anticipatory bail application filed by petitioner Ranjit Kumar Singh is moved by Sri Mahesh Tewari and opposed by Mrs. Niki Sinha, learned Additional P.P. and Sri D.K. Karmakar, learned counsel for the O.P. No.
2. It is alleged that petitioner took Rs. 2,76,000/- as security money for supply of cement but the said cement never supplied. However, learned counsel for the petitioner submits that petitioner is ready to return Rs. 2,76,000/- to O.P. No. 2 in two installments. In view of the aforesaid undertaking, I allow this application and direct the petitioner to surrender in the court below by 30.09.2013 and file a bank draft of Rs. 1,38,000/- issued in the name of O.P. No. 2, by a nationalized bank, in the court below. If the said bank draft is filed , the court below is directed to enlarge the petitioner on provisional bail for two months on his furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamshedpur in connection with Complaint Case being C/1 Case No. 2009 of 2010 , subject to the condition as laid down under section 438(2) of the Cr.P.C. Petitioner is further directed to file another bank draft of Rs. 1,38,000/- on or before the expiry of two months from 30 th September, 2013. If the said amount is deposited, the court below will confirm the bail of the petitioner. The court below is directed to hand over 1st bank draft to the O.P. No. 2 immediately after filing of the same by the petitioner, on proper identification. The learned court below further directed to hand over 2nd bank draft of Rs. 1,38,000/- to the O.P. No. 2, only when he file an application for the withdrawal of the complaint petition. ( Prashant Kumar,J.) Sharda/-