Patna High CourtCR. MISC./44790/2018bail granted

Anand Kumar Nishad v. The State Of Bihar

2018-07-26Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.44790 of 2018 (2) dt.26-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44790 of 2018 Arising Out of PS.Case No. -51 Year- 2018 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Anand Kumar Nishad S/o Paras Nath Sahani @ Paras Sahani, R/o Vill.- Baraitha, P.S.- Chakiya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 6.4.2018, seeks bail in Chakiya PS Case No. 51 of 2018 registered under Sections 406, 420 of the IPC and Section 138 of N.I.Act.

The allegation in brief is that the informant had put in advance Rs. 2,15,000/- to the petitioner, a brick klin owner, to supply brick, this transaction was done in December 2013 but bricks were not supplied, even the cheque issued by the petitioner in favour of the informant which also got bounced.

Learned Counsel for the petitioner submits that earlier cheques and other documents were robbed by the informant side for which the petitioner side lodged a case in the year 2016 (Chakiya PS Case No. 375 of 2016), and the same cheque has been misused in the present case lodged after two years of the earlier case lodged by the petitioner.

Having considered the said facts and circumstances, as the dispute predominantly appears to be civil in nature so the petitioner, namely, Anand Kumar Nishad is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM XIII, East Champaran, Motihari in connection with Chakiya PS Case No. 51 of 2018.

Snkumar/- (Arun Kumar, J) U T