Patna High CourtCR. MISC./12099/2019bail granted

Sanjay Tiwari v. The State Of Bihar And ANR.

2019-02-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12099 of 2019 Arising Out of PS. Case No.-1485 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SANJAY TIWARI, Son of Late Paras Tiwari, resident of Village-Pandaria, P.S.-Magadh University, Bodh-Gaya, District-Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Muni Yadav, Son of Late Dhanu Yadav, resident of Village-Pandaria Tola Rohi Bigha, P.S.-Magadh University, Bodh-Gaya, District-Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1485 of 2017, disclosing offences under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

Learned Counsel appearing on behalf of the petitioner has submitted that there is no allegation against the petitioner of having issued any cheque in favour of the complainant, which stood dishonoured. The said allegation is against co-accused, Vikash Kumar.

Considering the above, this application is allowed.

Patna High Court CR. MISC. No.12099 of 2019(2) dt.27-02-2019 2/2 Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection with Complaint Case No. 1485 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √