Kumar Gaurav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44034 of 2017 Arising Out of PS.Case No. -229 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Kumar Gaurav, Son of Late Anil Kumar Sinha, R/o Mohalla- Shivmukunj Bajrangpuri, Gai Ghat, P.S. Alamganj, P.O.- Gulzarbag, District- Patna- 7. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Yugal Kishore Singh, S/o Late Sukhdev Prasad Singh, R/o MohallaGudli Mahi, Pitambara Mandir, P.S. Alamganj, Dist.- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilanjan Chatterjee For the respondent/complainant : Mr. Y.C. Verma (Sr. Advocate) For the State : Mr. Binod Kumar-2 APP88 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner, State and Mr. Y.C. Verma, Sr. counsel appearing on behalf of the informant. Petitioner is in custody in connection with C.A. No. 229 of 2017 for an offence under section 420 of the Indian Penal Code and 138 of the Negotiable Instrument Act. Counsel for the petitioner submits that in the totality of facts situation the offence under section 138 is bailable offence and as such the petitioner deserves bail in a case involving the dispute of payment and non-payment with regard to commercial transaction.

Having regard to the facts that the petitioner is in

Patna High Court Cr.Misc. No.44034 of 2017 (2) dt.19-09-2017 2/2 custody since 23.06.2017 and the investigation has been completed, let the petitioner, named above, be released on bail on furnishing bail of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-III, Patna City, in C.A. No. 229 of 2017 with further condition that the petitioner will extend full cooperation in the trial and will not, in any manner, tamper with the evidence or influence the evidence. It is made clear that granting bail to this petitioner will not in any manner prejudice with regard to the claim of the informant for refund of the money (Anil Kumar Upadhyay, J) Ravi/- U T