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Patna High CourtCR. MISC./4350/2019allowed

Sushil Jha v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4350 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== SUSHIL JHA son of Nand Kishore jha, Village- Rampur Balra, P.S- Kurhani, District-Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as learned Sr. counsel for the informant.

Petitioner is in custody in connection with Kurhani P.S. Case No. 440 of 2018 for the offence under sections 341, 323, 406, 420, 504 and 506/34 of the Indian Penal Code. From the tenor of the FIR, it appears that there is dispute as to the execution of the agreement after realizing the consideration money.

Learned counsel for the petitioner submits that Rs. 6,00,000/- through cheque was not encashed as the same was dishonoured. There is explanation for the dishonour of the cheque but having regard to the scope of the present case, the Court is inclined to grant bail to the petitioner, let the petitioner,

Patna High Court Cr.Misc. No.4350 of 2019(2) dt.28-01-2019 2/2 named above, 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 A.C.J.M. cum Sub Judge-3rd, West Muzaffarpur, in connection with Kurhani P.S. Case No. 440 of 2018 subject to the condition that the petitioner shall not alienate that property without prior permission of the trial court. (Anil Kumar Upadhyay, J) Ravi/- U T