Saryug Kumar@ Saryu Kumar vs State Of Bihar

Leave granted.

Heard learned counsel for the parties.

Learned counsel for the complainant- Saryug Kumar @ Saryu Kumar, was at pains to persuade us that the appellant himself had volunteered to pay a sum of Rs.20,00,000/- (Rupees twenty lakh) for grant of bail and on that basis Court proceeded to pass the impugned order. On a bare perusal of the impugned order, however, we find that no such statement was made by the appellant. It is not so recorded by the court. The condition of Rs.20,00,000/- (Rupees twenty lakh) for grant of bail in that sense is imposed by the court on its own.

The allegation against the appellant is only in respect of offence under Sections 406 and 420 of the Indian Penal Code, 1860 (IPC). We have no hesitation in observing that the condition requiring the appellant to pay a sum of Rs.20,00,000/- (Rupees twenty lakh), that too directly to the informant/complainant, is harsh and unacceptable. That condition is set aside. The appellant must comply with other conditions specified in the impugned order for availing the benefit of anticipatory bail.

The appeal is allowed on the above terms.