Shashi Ranjan Kumar @ Sudhir Kuamr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57805 of 2017 Arising Out of PS.Case No. -160 Year- 2013 Thana -NAWADA District- NAWADA ====================================================== Shashi Ranjan Kumar @ Sudhir Kumar S/o Arjun Prasad, resident of village- Dariyapur, P.S.- Manpur, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saket Tiwary, Advocate For the State : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Nawada Nagar P.S. Case No.160 of 2013 registered under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act (for short 'the N.I.Act'). It is submitted by the learned counsel for the petitioner that the institution of the FIR on the basis of a complaint which was referred under Section 156(3) of the Code of Criminal Procedure is against the ratio laid down by the Supreme Court in Priyanka Srivastava and Anr. vs. State of Uttar Pradesh and Ors. [(2015)6 SCC 287)]. He submitted that even otherwise the ingredients of the offences punishable under Sections 420 and 406

Patna High Court Cr.Misc. No.57805 of 2017 (2) dt.20-12-2017 2/2 of the Indian Penal Code would not attracted in the present case and Section 138 of the N.I.Act is bailable in nature. Learned counsel for the State opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that the ratio laid down by the Supreme Court in Priyanka Srivastava and Anr. vs. State of Uttar Pradesh and Ors. (supra) does not support the contention of the petitioner.

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Nagar P.S. Case No.160 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T