Mahesh Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20455 of 2022 Arising Out of PS. Case No.-48 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== MAHESH BHARDWAJ Son of Bhagwan Charan Dwari Resident of - Near Bal Bharti School Deoghar, Ward No.- 28, Shivpuri Chhatisi, P.O.- Deoghar B, P.S.- Deoghar, District - Deoghar, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar, Adv For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 406 and 420 of the Indian Penal Code and section 138 of the N.I. Act. The allegation against the petitioner is that he grabbed the money of the complainant after committing breach of trust and cheating.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The cognizance has been taken under section

Patna High Court CR. MISC. No.20455 of 2022(3) dt.01-11-2022 2/2 406 and 420 of IPC and 138 of NI Act. He further submits that there is a business transaction between the parties. Petitioner has no criminal antecedent.

Learned APP for the State as well as leaned counsel for the complainant opposed the bail application and submits that the petitioner has cheated the complainant and given him a cheque of Rs.16,74,021/- and the said cheque was presented by the complainant before the bank, but the said cheque was bounced due to insufficient fund in the account. Having regard to the facts and circumstances of the case, since there is a business transaction between the parties, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Complaint Case No. C-48 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T