Patna High CourtCR. MISC./21969/2016bail granted

Subhash Prasad Jaiswal v. State Of Bihar And ANR

2016-05-24Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21969 of 2016 Arising Out of PS.Case No. -774 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Subhash Prasad Jaiswal s/o Kamleshwari Prasad Jaiswal. Residence of Village- Newa Lal Chowk, P.S.- K. Hat (Maranga), Distt.- Purnea. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nityanand Keshri s/o Late Laxmi Narayan, resident of Basant Vihar, Newa Lal Chowk, P.S.- K. Hat (Maranga), District- Purnia. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Anil Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2.

24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in relation to C.A. No. 774 of 2015 registered under Sections 406 and 420 of the Indian Penal Code. It is alleged that in course of business dealing between the petitioner and complainant the petitioner had given certain cheques which were dishonoured. The complainant having taken no action in terms of Section 138 of the Negotiable Instrument Act and has filed this complaint petition.

The allegation is denied and it is stated that in course of business dealing repayment were made and

Patna High Court Cr.Misc. No.21969 of 2016 (2) dt.24-05-2016 2 / 2 cheques were wrongly deposited. It is further submitted that the facts may be what they are, it only constitutes a civil cause of action from a civil dispute.

Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Subhash Prasad Jaiswal, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Awdhesh Kumar, Additional Chief Judicial Magistrate - 6th, Purnea, in connection with C.A. - 774 of 2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T