Shyam Kishore @ Shyam Kishore Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7900 of 2017 Arising Out of PS.Case No. -607 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Shyam Kishore @ Shyam Kishore Singh son of late Rameshwar Singh resident of Mohalla - 74/B, Sidheshwar Nagar, P.S. - Patliputra, Town and District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sunil Kumar Son of Ramchandra Prasad Sharma residing at near T.V. Tower, P.O. Bahadurpur, P.S. Agamkuan, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Prasad Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Complaint Case No. 607(C) of 2012 instituted for the offence under Section(s) 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

From the order dated 21.01.2014 passed in A.B.P. No. 5322 of 2013 the petitioner was directed to make payment of the amount in installments. The petitioner did not make payment of the aforesaid amount and again filed anticipatory

Patna High Court Cr.Misc. No.7900 of 2017 (2) dt.23-02-2017 2/3 bail petition before learned Sessions Judge, Patna vide A.B.P. No. 67 of 2017 which was rejected by the learned Sessions Judge, Patna by the impugned order stating that petitioner has not complied the earlier order even after lapse of 36 months and filed the new anticipatory bail petition.

There is allegation against this petitioner that he gave cheque of Rs. 1,50,000/- to the complainant which got bounced.

It has been submitted on behalf of the petitioner that petitioner is ready to deposit the amount in terms of earlier observations of the learned Sessions Judge.

From the conduct of the petitioner as mentioned by learned Sessions Judge, this Court is not inclined to enlarge the petitioner on anticipatory bail. The prayer of the petitioner for anticipatory bail is rejected.

However, if the petitioner comply the observations given by the learned Sessions Judge in the earlier order and deposit the amount, then learned Court below shall consider the prayer for regular bail of the petitioner, if the petitioner surrenders before learned Court below within a period of six weeks from today in connection with Complaint Case No. 607(C) of 2012 and seek regular bail, which shall be considered

Patna High Court Cr.Misc. No.7900 of 2017 (2) dt.23-02-2017 3/3 and disposed off on its own merit without being prejudiced by the order of this Court.

(Sanjay Priya, J) Shageer/- U T