Sushil Kumar Maskara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12579 of 2019 Arising Out of PS. Case No.-305 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sushil Kumar Maskara, Son of Late Brij Mohan Maskara, Resident of Village - Jagir Mohalla, P.S. Town Begusarai, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Begusarai Town P.S. Case No.305 of 2017, registered for the offence punishable under Sections 406 and 420/34 of the Indian Penal Code and Section 138 of Negotiable Instruments Act.
The allegation, which has been mentioned in the complaint petition, entirely reflects that they have a commercial dispute between them. There may be a dispute of accountancy. One of the co-accused Alok Maskara has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.12.2017 in Cr. Misc. No. 46545 of 2017. It is also a fact that ingredients of Section 138 of N.I. Act is not satisfied in the
Patna High Court CR. MISC. No.12579 of 2019(2) dt.06-03-2019 2/2 present case though the basically allegation has been made with respect to issuance of cheque of Rs. 11.55 lacs. Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case no.305 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Shivaji Pandey, J) V.K.Pandey/ S. Katyayan U T