Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6526 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- GANDHIMAIDAN District- Patna ====================================================== Mukesh Kumar Son Of Badelal Sao R/O Village- Budha Biha Colony, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Bambam Kumar s/o Suryadeo Pandey, r/o Magadh Colony Bhagera Ashram Kursi, PS-Digha, Distt-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 and other allied sections of the Indian Penal Code and section 138 of the Negotiable Instruments Act.

As per the FIR, on the inducement of petitioner and other co-accused, the informant and others invested money in the Company. It is further alleged that profit was given for two to three months and after that the Company issued cheque, but the bank returned the said cheque due to insufficiency of fund. It is submitted that petitioner is not the author of cheque. From bare perusal of FIR, it is apparent that cheque

Patna High Court CR. MISC. No.6526 of 2022(3) dt.17-10-2022 2/2 bearing amount of Rs. 1,02,000/- was handed over to the coaccused Rajendra Sao who is alleged to have invested the money in the said Company. Petitioner has neither takeny money from the informant nor has issued cheque. Petitioner claims clean antecedent.

However, counsel for the informant opposed the prayer for bail and submitted that petitioner is the shareholder of the said Company.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Sub-Judge XIV, Patna in connection with Gandhi Maidan P.S. Case No. 493 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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