Shailendra Kumar @ Shailendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22157 of 2024 Arising Out of PS. Case No.-314 Year-2023 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Shailendra Kumar @ Shailendra Prasad S/o Sri Dhanu Prasad R/o vill - Babhandev, P.S. - Barachatti, Distt. - Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Krishnadev Prasad S/o Late Rameshwari Prasad R/o vill - Keshapi, P.S. - Sherghati, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
Mr. Amritanshu Dangi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420, 467, 468 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
3. As per prosecution case, cheque amounting to Rs. 4,00,000/- which was issued by the petitioner to the complainant got bounced due to insufficiency of fund.
4. Learned counsel for the petitioner denies the prosecution case and submits that petitioner has never taken any money from the complainant. However, at this stage, without admitting his guilt, petitioner is ready to deposit 50% of the
Patna High Court CR. MISC. No.22157 of 2024(3) dt.10-07-2024 2/3 alleged amount i.e. Rs. 2 lacs, in easy installments.
5. Learned counsel for the complainant vehemently opposed the bail application.
6. 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 his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sherghati at Gaya in connection with Complaint Case No. 314 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 1,00,000/- (Rs. One Lac) through Bank Draft in the Nazarat of the court below and produce its receipt at the time of furnishing bail-bond and thereafter, rest amount i.e.
, 1,00,000/- (Rs. One Lac) shall be deposited in two equal installments of Rs. 50,000/- (Rs. Fifty Thousand) each within six months through Bank Draft in the Nazarat of the court below, failing which, the learned court below shall be at liberty to cancel the bail-bond.
Patna High Court CR. MISC. No.22157 of 2024(3) dt.10-07-2024 3/3
7. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.
(Prabhat Kumar Singh, J) Navya/- U T