Md. Naushad Ali @ Naushad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14187 of 2023 Arising Out of PS. Case No.-2082 Year-2012 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MD. NAUSHAD ALI @ NAUSHAD ALI Son of Yunus Master @ Md. Yunus Alam R/V- Mehdu Khanka Hata, Dumraon, P.S- Dumraon,dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sadhana Devi Wife of Shri Sanjay Singh R/V and P.O- Darbha Nagarpal, P.S- Danapur, Via Sonepur Dist- Saran Properietor Subhansi Enterprises, Sonepur at Hazipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pravin Kumar, Advocate For the State :

Mr. Shyameshwar Dayal, APP For Opposite Party No.2 :

N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 Heard learned counsels for the parties.

2. Despite valid service of notice, no one appears on behalf of the complainant/Opposite Party No. 2.

3. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406 and 417 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

4. The case of the complainant in brief is that the complainant is proprietor of Subhansi Enterprises and she is distributor of Gas to the petitioner's gas company. Petitioner's company stopped to supply gas to the complainant and after

Patna High Court CR. MISC. No.14187 of 2023(11) dt.02-09-2024 2/3 settlement of the account, total Rs. 6,49,225/- remained dues against the petitioner's company. Thereafter, this petitioner issued three cheque to complainant amounting to Rs. 6,49,225/-, however, all the three cheque were dishonored.

5. By filing supplementary-affidavit, learned counsel appearing on behalf of the petitioner submits that dispute between the parties has already been settled and petitioner has already paid Rs. 1,00,000/- cash and 10 post date cheque to the complainant/Opposite Party No. 2.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

7. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on 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, Hazipur at Vaishali, in connection with Complaint Case No. 2082 of 2012, subject to condition as laid down under Section

Patna High Court CR. MISC. No.14187 of 2023(11) dt.02-09-2024 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T