Patna High CourtCR. MISC./8910/2019bail granted

Upendra Kumar Nishad v. The State Of Bihar

2019-02-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8910 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Upendra Kumar Nishad, Son of Late Sheo Nandan Chaudhary, Resident of Mohalla - Belbanwa, Machhua Toli, P.S. - Town Motihari, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

Petitioner had taken loan from the informant for business purpose. However, the petitioner did not refund the same and the refund cheque of Rs.1,00,000/- (Rupees One Lac) issued by the petitioner allegedly bounced.

Submission is that from the allegation, dishonest intention cannot be gathered. In fact the petitioner had taken loan for treatment of his wife and had returned Rs.58,000/-

Patna High Court Cr.Misc. No.8910 of 2019(2) dt.14-02-2019 2/2 (Rupees Fifty Eight Thousand) in cash. Petitioner has got no criminal antecedent.

Considering the entire facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Turkaulia (Banjaria) Police Station Case No.192 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T