Kalam Khan v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.14716 of 2015 (4) dt.14-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14716 of 2015 Arising Out of PS.Case No. -2637 Year- 2014 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Kalam Khan son of Bashir Khan, Resident of village- Chak-Manjan, P.S.- Baralli, District- Gopalganj, At present 53, G.T. Road (North), Howarah- 711101 West Bengal .... .... Petitioner/s

Versus

1. The State of Bihar

2. Manish Kumar S/o Braj Kishore Prasad, resident of Parwati Kunj, Mahabiri Path, Makhdum Sarai, P.S. and P.O. & District- Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Complaint Case No.2637 of 2014 registered for the offence under Section 138 of the N.I.Act and Section 420 Indian Penal Code. Learned counsel for the petitioner submits that the cheque book of the petitioner was lost while he was traveling in an Auto and an information thereafter sent to the concerned police as well as to the Officer-in-Charge of Town Police on 07.08.2013 itself.

Learned counsel for the informant submits that a cheque

Patna High Court Cr.Misc. No.14716 of 2015 (4) dt.14-09-2015 bearing no.733211 was issued in his favour of Rs.1,50,000/- which could not be incashed as a result of which a legal notice was sent to the petitioner and thereafter the present case has been lodged. However, perusal of the complaint petition reveals that the cheque no.733211 of the aforesaid amount as alleged does not bear any date and it is not known as to when the same was issued by the petitioner.

Considering the aforementioned facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Complaint Case No.2637 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J) B.Kr./- U T