Patna High CourtCR. MISC./21273/2016bail granted

Uday Narayan Singh v. State Of Bihar And ANR

2016-09-28Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21273 of 2016 Arising Out of PS.Case No. -1209 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Uday Narayan Singh son of Late Keshav Prasad Singh, resident of D/18, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna, the proprietor of M/S Uday Narayan Singh, Kisan Yatayat Service Station, Askamani Nagar, Teacher Colony, P.S.- Bikramganj, Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bijay Kumar son of Sri Ganesh Prasad, resident of Dariyapur, Gola, P.S.- Kadam Kuan, District- Patna.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned counsel for the complainant.

The petitioner seeks pre-arrest bail in connection with Complaint Case No.1209(c) of 2013 in which cognizance of the offence punishable under Sections 420 of the Indian Penal Code and 138 of the Negotiable Instruments Act has been taken. It is contended by the learned counsel for the petitioner that Section 138 of the Negotiable Instruments Act is bailable in nature and nature of the complaint would not attract the ingredients of the offence punishable under Section 420 of the Penal Code.

Patna High Court Cr.Misc. No.21273 of 2016 (4) dt.28-09-2016 2/2 On the other hand, learned counsel for the complainant has opposed the application for grant of pre-arrest bail to the petitioner. He has submitted that the petitioner has cheated the complainant to the tune of rupees one lac fifty thousand. Be that as it may, regard being had to the facts and circumstances of the case, the provisional pre-arrest bail granted to the petitioner vide order dated 24.5.2016 is hereby confirmed. (Ashwani Kumar Singh, J) Md.S./- U T