Shiv Shankar Karak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15856 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Shiv Shankar Karak Son Of Rajesh Karak R/O Mohalla- Gandhi Chowk, Darbhanga, P.S.- Darbhanga Town, Dist.- Darbhanga, As A Proprietor Of Samta Trader, Baar Samiti, P.S.- Sadar (MABBI O.P.), Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sachin Banka Son Of Sajan Kumar Banka R/O Shyam Trading Company, Sultanpur, Near To J.P. Evening College, Jandaha Road, P.S.- Industrial Area, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Uday Chand Prasad For the Informant Mr. Shashi Bhushan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Though the Vakalatnama has already been filed on behalf of the opposite party no. 2 but nobody appears on his behalf.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 504, 506 of the Indian Penal Code and Section 138 of N.I. Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.15856 of 2022(3) dt.27-03-2023 2/3 case. He submits that in such type of business always blank cheque was given by the dealer as a security to the supplier. Petitioner issued a blank cheque without date and amount in favour of Shyam Trading Company in which neither the amount nor the date was filled up by the petitioner and the informant to take benefit, filled up the date and amount and presented the cheque in bank without informing the petitioner. He submits that the informant has not given any legal notice to the petitioner for return of the cheque which is mandatory provision under N.I. Act. He submits that the dispute is completely civil in nature and has been given a colour of criminal case by instituting an FIR. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.15856 of 2022(3) dt.27-03-2023 3/3 learned court below where the case is pending/successor court in connection with Industrial Area P.S. Case No. 174 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T