Vijay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22046 of 2015 Arising Out of PS.Case No. -152 Year- 2014 Thana -PIRO District- BHOJPUR ====================================================== Vijay Choudhary S/o Late Sudhu Choudhary Resident of Village Bhulukuam, P.S. Piro District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Indra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2015 Heard both sides.

The petitioner apprehends his arrest in Piro P.S. Case No. 152/2014, registered for the offences punishable under Section 406, 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

The informant alleged that he along with six other persons gave paddy to the petitioner, the Chairman of the PACS and the petitioner issued cheques to the informant and six others. Sri Madan Jeet Kumar learned counsel for the petitioner submits that the petitioner did not receive any amount of paddy from the informant and others.

It is further submitted that the petitioner is ready to return the entire amount to the farmers within four months from

Patna High Court Cr.Misc. No.22046 of 2015 (3) dt.08-10-2015 2/2 today.

On such the learned counsel appearing on behalf of the informant submits that if the money is returned he has got no objection.

Considering the facts and the undertaking of the petitioner that he is willing to return the entire amount to the farmers within four months, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Ara, Bhojpur in connection with Piro P.S. Case No. 152/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. If the petitioner fails to return the aforesaid amount to all the farmers through cheque within four months, the learned court below shall cancel the bail bond.

(Prabhat Kumar Jha, J.) Vinita/- U T