Patna High CourtCR. MISC./18963/2019allowed

Md. Parwez v. The State Of Bihar

2019-03-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18963 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== MD. PARWEZ Son of Zakir Hussain Resident of Village - Bar Chowk, P.S.- Bela, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bela PS Case No. 62 of 2018 for the alleged offence punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner in the instant case is that for purchasing of one thousand bags of cement he handed over a forged cheque of Rs.2.70 lacs to the traders. From the prosecution story it is evident that it is a case of dishonour of cheque and issue of commercial transaction is involved. Learned counsel representing the petitioner submits that

Patna High Court CR. MISC. No.18963 of 2019(2) dt.28-03-2019 2/2 petitioner has deposited the entire amount as per the rate fixed after negotiation and at best it would be a case of accounting and the trader is adopting pressure tactics for settling the account. He further submits that petitioner is in custody since 17.11.2018.

Considering the nature of allegation relating to dishonour of cheque due to insufficient fund and also keeping in view the period of incarceration undergone by the petitioner, this application is allowed.

Accordingly, let the petitioner above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-cum-Sub Judge 12th, Muzaffarpur in connection with Bela PS Case No. 62 of 2018.

(Anil Kumar Upadhyay, J) mrl./- U T