Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22271 of 2024 Arising Out of PS. Case No.-1597 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Akhilesh Yadav Son of Late Ramji Yadav Resident of Village-Dalelchak Bhalua-2, P.S.-Belaganj, Dist-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajdeo Yadav Son Of Late Lashahi Yadav Resident Of Village-Dalelchak Bhalua-2, P.S.-Belaganj, Dist-Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1597 of 2022 registered under Section 138 of N.I. Act.

3. As per prosecution case, petitioner took Rs. 4 lakh from the complainant in the name of depositing E.M.I. of his tractor. It is further alleged that when complainant demanded the money, petitioner gave a cheque of Rs. 4 lakh on which petitioner has signed but the said cheque bounced due to insufficiency of fund.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is ready to pay Rs. 4,00,000/- to the opposite party no. 2./complainant.

Patna High Court CR. MISC. No.22271 of 2024(3) dt.25-06-2024 2/2

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Gaya in connection with Complaint Case No. 1597 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with direction to the petitioner that :- i. Petitioner shall deposit Rs. 1,00,000/- (One Lakh) through Bank Draft to the opposite party no. 2 and will produce the receipt of the same at the time of furnishing bail-bond, and rest amount i.e. Rs. 3 lakhs shall be paid in three equal installments within a period of 6 months to the opposite party no. 2, failing which, the learned Court below would be at liberty to cancel the bail-bond.

6. It is made clear that this order has been passed only for the purpose of bail, without going into the merit of the case. (Prabhat Kumar Singh, J) utkarsh/- U T