Chandra Bhushan Tiwary v. The State Of Bihar And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8286 of 2019 Arising Out of PS. Case No.-30152 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHANDRA BHUSHAN TIWARY S/o Late Chumman Tiwary Resident of M/S Mahavir Steel, Lohiya Nagar, Ashok Nagar Bypass, PS-Kankarbagh District-Patna.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. M/S Mahindra and Mahindra Financial Service Ltd. Through Vivek Kumar, S/o Ajeet Kumar Sinha, Territory Legal Manager, having office at Plot no.-6 Beside CIMAGE Boring Road, P.S- Sri Krishna Puri, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samrendra Kumar Jha For the Opposite Party/s :
Mr.Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 30152(C)/2014 registered for offence punishable under section 420 of the Indian Penal Code and 138 of the N.I. Act.
The petitioner had taken loan of Rs.3,50,000/- and two cheques comes to Rs.42,000/- which were put to the Bank for transaction, have bounced.
The learned counsel for the petitioner submits that the petitioner is ready to return the aforesaid amount within six months.
Patna High Court Cr.Misc. No.8286 of 2019(2) dt.13-02-2019 2/3 In such view of the matter, the petitioner, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on provisional bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Judge-IX, Patna in connection with Complaint Case No. 30152(C)/2014, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.
The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. Further condition is that the petitioner must clear the dues of Rs. 42,000/- within the aforesaid period in equal instalment and first payment would be made by one and half month for Rs.10,000/- and thereafter, in four equal instalments he will pay the money. If the petitioner would fail to deposit the money on any instalment, the interim relief granted to him will be treated to have been withdrawn. On deposit of entire amount of Rs.42,000/-, the bail of the petitioner will be confirmed.
Patna High Court Cr.Misc. No.8286 of 2019(2) dt.13-02-2019 3/3 prejudiced to his right. If he refuses to take the money, the petitioner will deposit the same in the court below. (Shivaji Pandey, J) mkchy/- U T