Chandan Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6445 of 2024 Arising Out of PS. Case No.-203 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== CHANDAN KUMAR PATHAK S/O- LATE ALAKHDEO PATHAK R/OVILLAGE- PARHANDA, P.S.- CHERKI (BODH GAYA), DIST.- GAYA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SHASHI BHUSHAN KUMAR S/O- LATE RAMESHWAR PRASAD R/OVILLAGE- MOCHARIM, P.O.- MOCHARIM, P.S.- BODH GAYA, DIST.- GAYA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Complaint Case No.203 of 2020 in which cognizance has been taken under Sections 420 and 406 of the Indian Penal Code and Section 138 of the N.I. Act.

3.

The allegation as per FIR, the petitioner had issued two cheques of Rs. 2,00,000/- and Rs. 5,00,000/- in favour of the complainant, but the said cheques were dishonored.

Patna High Court CR. MISC. No.6445 of 2024(2) dt.17-02-2024 2/3 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is no agreement for the sale of the alleged land between the parties. It is also submitted that the complainant and the petitioner are working in the same company, namely, R.M.C.L. company. It is also submitted that petitioner has never taken any amount from the complainant nor issued any cheque in favour of the complainant for the alleged amount, rather cheques were taken away by the complainant from the bag of the petitioner in his absence. It is further submitted that the petitioner is in custody since 31.08.2022.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Complaint Case No.203 of 2020 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya.

7.

However, it is made clear that petitioner shall

Patna High Court CR. MISC. No.6445 of 2024(2) dt.17-02-2024 3/3 be present physically on each and every date before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) S.Katyayan/- U T