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Patna High CourtCR. MISC./9917/2020allowed

Rakesh Kumar Chaurasia v. The State Of Bihar

2020-02-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9917 of 2020 Arising Out of PS. Case No.-1031 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAKESH KUMAR CHAURASIA S/o Rajendra Prasad Chaurasia (Proprietor of Chaurasia, Animal feeds Centre), R/o- Bharti Ganj, P.S.- Sasaram, DistrictRohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parimal Basak S/o Balram Basak R/o- Pushp Bihar Colony, Bhadraghat, P.S.- Guljarbag, P.S.- Alamganj, District- Patna, District of Henraj Feeds India Private Limited, Office J-62, P.S. Colony, Rajani Path, Kankarbag, P.S.- Kankarbag, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Complaint Case No. 1031 of 2019 for offences under Sections 406, 420 IPC and 138 N.I.Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He is retailer of Animal Feed whereas the informant is Director of Henraj Feeds India Private Ltd, Manufacturer and Supplier of Chiken feeds. The instant case as framed in connection with dishonour of check is in breach of proviso to Section 138 of the N.I. Act.

Patna High Court CR. MISC. No.9917 of 2020(2) dt.29-02-2020 2/2 Considering the fact that present case relates to dishonour of check, and the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Patna City in connection with Complaint Case No. 1031 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T