Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34428 of 2018 Arising Out of PS.Case No. -154 Year- 2017 Thana -AMAS District- GAYA ====================================================== Vivek Kumar, son of Late Jagat Nandan Prasad, resident of VillageBudhoul, P.S. Amas, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kumar Sinha, Adv. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.
The petitioner apprehends his arrest in Amas P.S. Case No. 154/2017, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. The informant alleged that the petitioner borrowed Rs. 3,00,000/- from the informant and when the informant demanded his money, a cheque bearing no. 000129 was given to the informant. When the cheque was presented before the bank, the same could not be honoured.
Learned counsel for the petitioner submits that the informant was running a Chit-fund Committee. Petitioner was one of the members of that Committee, but later on, he left the membership of that Committee. During that period, the informant
Patna High Court Cr.Misc. No.34428 of 2018 (2) dt.02-07-2018 2/2 had taken one blank cheque from the petitioner. The informant filed false case taking advantage of the blank cheque given by the petitioner to the informant. No case under Section 138 of the Negotiable Instruments Act has been registered. The petitioner did not borrow any money from the informant.
Considering the facts aforesaid, the petitioner abovenamed, 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 Judicial Magistrate Ist Class, Sherghati, Gaya in connection with Amas P.S. Case No. 154/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) Vinita/- U T