Akhil Kumar Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24816 of 2016 Arising Out of PS.Case No. -281 Year- 2009 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Akhil Kumar Verma son of Late Krishna Kumar Verma resident of Village - Anand Nagar, Bettiah, P.S. - Bettiah Town, Distt - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Praveen Kumar Singhania S/o Om Prakash Singhania R/o Lal Bazar Bettiah, P.S. - Bettiah, Nagar, Dt. West Champaran Prop. Of Shanti Dresses, Lal Bazar Bettiah, West Champaran.

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

For the Petitioner/s : Mr. Rajeev Kumar Verma, Sr. Advocate Mr. Karuna Nath Sahay For the Informant : Mr. Ram Kishun Prasad For the Opposite Party/s : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-08-2016 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406 of the Indian Penal Code Learned Senior Counsel for the petitioner submits that earlier a complaint case was filed on behalf of the complainant which was sent to Bettiah Police Station under Section 156(3) of the Cr. P.C. and on the said basis, Bettiah Town P.S. Case No. 02 of 2008 was registered. After investigation, final form was

Patna High Court Cr.Misc. No.24816 of 2016 (3) dt.23-08-2016 P2/3 submitted in which it was held that the case was false. Subsequently, on the basis of protest petition, the case proceeded once again and, as such, the petitioner apprehends his arrest. Learned Senior Counsel for the petitioner submits that the fact is that the draft which was prepared in favour of Yogesh Trading Company was received and encashed by Yogesh Trading Company itself. This fact has been confirmed by the Delhi branch of the Canara Bank on 31.07.2007.

In view of the fact that the grievance of the complainant stood redressed by the fact that the Bank has admitted that the aforesaid Bank Draft has been encashed by the person in whose name it was issued, there appears to be no further reason to proceed with the matter and as such, the petitioner is entitled to the benefit of anticipatory bail.

Taking into consideration, aforementioned facts and circumstances and the materials which have surfaced and that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Betiah, West Champaran, in

Patna High Court Cr.Misc. No.24816 of 2016 (3) dt.23-08-2016 P3/3 connection with Complaint Case No. 281(C) of 2009, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T