Sandeep Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6531 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Sandeep Kumar Verma Son of Narayan Prasad Verma, resident of villageMasarhi, P.S.- Ramgarh, District- Kaimur at Bhabhua .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nandlal Upadhyay s/o Late Niwas Upadhyay r/v +po - Darwan, P.s. - Ramgarh, Distt - Kaimur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2016 Heard both sides.

The petitioner apprehends his arrest in Ramgarh P.S. Case No. 129/2015, registered for the offence punishable under Sections 341, 323, 406, 504, 506 of the Indian Penal Code. The informant alleged that the petitioner took loan of Rs. 5,00,000/-, but he did not return the money and issued cheque but the same was not honoured.

Learned counsel for the petitioner submits that petitioner has returned the entire amount, but the blank cheque given to the informant was not returned. It is submitted that there are two cases against the petitioner which was lodged by B.S.F.C. and Mines Department. Petitioner has got no other cases pending against him. On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.6531 of 2016 (4) dt.29-06-2016 2/2 vehemently opposed the prayer of anticipatory bail of the petitioner.

It appears that this is a case of borrowing and lending of money. The informant alleged that petitioner issued cheque on 09.09.2014 and the same was not honoured, but the petitioner denied to have issued cheque. He has stated that he has already returned the entire amount due against him, but the cheque issued earlier lying with the informant and the informant took undue advantage of the same.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Ramgarh P.S. Case No. 129/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T