Abhishek Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13394 of 2019 Arising Out of PS. Case No.-1943 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ABHISHEK KUMAR Son of Ashok Kumar Srivastava, Resident of village -Nayagaon Kesaria, P.S.-Kesaria, District-East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR AND ANR 2.

Md. Farhan Alam Son of Md. Aftab Alam, Resident of village -Khudanagar, P.S.-Town Motihari, District-East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2019 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 Tr. No. 2610 of 2018 arising out of Complaint Case No. C-1943/2017 registered for offence punishable under sections 420 of the Indian Penal Code read with section 138 of the N.I.Act.

The learned counsel for the petitioner submits that the petitioner is an employee of Real India Finance Company and the cheque was issued by one Pradeep Gupta and the Bank has returned the said cheque on the ground of insufficient fund in the account. He further submits that the petitioner is simply a

Patna High Court CR. MISC. No.13394 of 2019(2) dt.06-03-2019 2/2 Computer Operator of the said company and has nothing to do with the finance matter.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Motihari in connection with Tr. No. 2610 of 2018 arising out of Complaint Case No. C-1943/2017, 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. (Shivaji Pandey, J) mkchy/- U T