- (1.) By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (For short 'Cr. P.C.'), petitioner, Rakesh Kumar, has assailed the conditions imposed in the order dated 27.06.2015, passed by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in A.B.P. No. 1117 of 2015, arising out of Dehri (Town) P.S. Case No. 152 of 2015, registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code, whereby the learned 1st Additional Sessions Judge, while allowing the application of the petitioner under Section 438 Cr. P.C., observed that the petitioner shall deposit Rs.49,50,000/- to the department concerned through demand draft and receipt of the same should be filed in the Court before surrendering in the Court below and rest amount to the tune of Rs.49,19,251.55/- shall be paid in five equal installments.
(2.) Learned counsel for the petitioner has contended that such an onerous condition cannot be imposed by the Court while granting privilege of pre-arrest bail. In support of his contention, he has placed reliance on an unreported judgment of this Court passed in the matter of Rajesh Biyani Vs. State of Bihar & Anr. [Cr. Misc. No. 28161 of 2015].
(3.) Learned counsel for the State and learned counsel for the FCI have conceded that the conditions imposed by the Court below for grant of pre-arrest bail to the petitioner are erroneous condition which can not be justified in law.;