Sanjay Kumar @ Sanjay Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16797 of 2019 Arising Out of PS. Case No.-251 Year-2016 Thana- CHHATAUNI District- East Champaran ====================================================== SANJAY KUMAR @ SANJAY PRASAD YADAV Son of Baiju Rai Resident of Village - Ward no. 2, Mohalla Jagatia, P.S.- Pakaridayal District - East Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chhatauni P.S. Case No. 251 of 2016 for the offence punishable under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

It is alleged in the First Information Report that the petitioner had taken loan to the tune of Rs. Ten lakh from the informant, which he did not return. The amount was paid in the petitioner's account by a multi city cheque issued by the informant.

A supplementary affidavit has been filed on behalf of the petitioner and a counter affidavit has also been filed on behalf of the informant.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.16797 of 2019(7) dt.27-09-2019 2/3 petitioner submits that even if the allegation made in the First Information Report are taken to be correct on its face value, no offence under Section 406 of the Indian Penal Code nor under Section 138 of the Negotiable Instrument Act can be said to be made out.

Learned counsel appearing on behalf of the informant has opposed the prayer for anticipatory bail and has submitted that this Court may intervene into the matter to ensure that the said amount of Rs. ten lakh is returned to the informant. On perusal of the First Information Report, I am, prima facie, of the view that strictly speaking, no offence under Section 406 of the Indian Penal Code is made out nor do the allegation constitute any offence punishable under Section 138 of the Negotiable Instrument Act. The plea that the petitioner has criminal antecedent, in the facts and circumstances of the case, cannot come in the way of considering the petitioner's case for grant of anticipatory bail.

Considering the above, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16797 of 2019(7) dt.27-09-2019 3/3 satisfaction of the learned C.J.M., Motihari, East Champaran, in Chhatauni P.S. Case No. 251 of 2016, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T