Kameshwar Prasad Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37624 of 2014 Arising Out of PS.Case No. -273 Year- 2011 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. Kameshwar Prasad Ray Son of Late Parikshan Ray, Resident of village- Bhergarha, P.S.- Sakra, District- Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4.
24-03-2015.
Heard both sides.
The petitioner apprehends his arrest in a case under sections 406, 420 I.P.C. and section 138 of Negotiable Instruments Act.
The informant alleged that the petitioner runs a brick kiln and used to purchase coal from him for which some money was paid but Rs.55,313 remained outstanding against the petitioner. The petitioner issued a cheque but the same was dishonored.
Learned counsel for the petitioner submits that the petitioner has already made payment of the entire amount but the informant did not hand over the cheque to the petitioner and taking advantage of the fact, the informant lodged this case. Learned APP, however, opposed the prayer for bail. It appears that the dispute arose due to non-payment of the outstanding dues. The petitioner has made payment of entire money whereas the informant is claiming that some amount is
Patna High Court Cr.Misc. No.37624 of 2014 (4) dt.24-03-2015 lying with the petitioner for which cheque was issued. Considering the facts aforesaid, the petitioner, named above, in the event of his arrest/surrender before the court below within four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S.Case No.273 of 2011, subject to condition laid down u/s 438(2) Cr.P.C. (Prabhat Kumar Jha, J.) ahk/- U T