Amarjeet Singh @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21449 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Amarjeet Singh @ Bittu son of Nand Kishore Ram, resident of Mohalla Ram Nagar, near H.P. Gas Godown (Kandu Mohalla), P.S. Town,Daltonganj, District Palamu (Kharkhand). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and the learned counsel for the State.
The instant application has been filed for grant of regular bail in connection with Kotwali P.S. Case No. 234 of 2016 registered for the offence punishable under Sections 419,420,465,468 and 471 of the Indian Penal Code. The allegation levelled against the accused persons including the petitioner by the informant is that a sum of Rs. 4,75,000/- was fraudulently withdrawn from the account of the company of the informant. It is further alleged that the said cheque was credited in the account of Amarjeet Singh, the present petitioner herein. It has been further alleged that another cheque bearing No. 354495 for sum of Rs. 3,34,760/- was presented for clearance before the Bank in favour of Ajay Kumar Sinha and
Patna High Court Cr.Misc. No.21449 of 2017 (3) dt.12-06-2017 2/3 upon inspection of the same, it was found that the said cheque was fraudulently cloned. In such view of the matter the informant had requested him to stop the payment of the said cheque to Ajay Kumar Sinha and it has been further stated that the informant had said that the said occurrence had occurred in connivance of the Bank officials.
The learned counsel for the petitioner submits that so far as the cheque of a sum of Rs. 4,75,000/- is concerned, though the same had been produced by the petitioner and the money was withdrawn thereafter, nonetheless, the Jharkhand High Court, by order dated 03.03.2017 passed in B.A. No. 991 of 2017 has been pleased to enlarge the petitioner on bail. It has been further submitted that so far as the instant case is concerned, firstly the cheque was issued in the name of Ajay Kumar Sinha and secondly, no monetary loss has been caused to the informant since the said cheque could not be encashed.
It is further submitted that the petitioner is in custody since 13.05.2016.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail.
Accordingly, let the petitioner, above named, be
Patna High Court Cr.Misc. No.21449 of 2017 (3) dt.12-06-2017 3/3 enlarged on bail on furnishing bail bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 234 of 2016.
(Mohit Kumar Shah, J) khushbu/- U T