Vinod Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6790 of 2018 Arising Out of PS.Case No. -1806 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Vinod Sah, S/o Late Chuthai Sah, R/o Village- Punaura Tole Janki Nagar, P.O.- Punaura, P.S.+District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Indra Kishore Prasad, S/o Ram Ekbal Sah, R/o Court Bazar, Ward No.12, P.S.- Sitamarhi, District- Sitamarhi.

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

For the Petitioner/s : Mr. Avinash, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Complaint Case No.C/1/1806/14, a case under Sections 406/420 of the Indian Penal Code and Section 138 of the N.I. Act, pending in the Court of Chief Judicial Magistrate, Sitamarhi. The complainant had advanced rupees ten lacs to the petitioner as friendly loan. The petitioner issued refund cheque of Rs.6,00000/- which bounced.

Submission of the learned counsel for the petitioner is that in fact the parties were doing business jointly and the complainant of this case misappropriated the business amount

Patna High Court Cr.Misc. No.6790 of 2018 (2) dt.07-02-2018 P2/ for which the petitioner lodged Sitamarhi P.S. Case No.243 of 2017 vide Annexure-2, thereafter the present case has been lodged. The petitioner is in custody since 25.11.2017. Learned counsel for the informant opposed the prayer for bail.

Considering the background and the nature of allegation as well as the period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate 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) Mkr./- U T