Mukesh Ranjan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75531 of 2018 Arising Out of PS. Case No.-4440 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Mukesh Ranjan S/o Sri Binod Kumar Sinha Resident of Mohalla-Mahavir Nagar (behind MIG), Hanuman Nagar,P.S. Kankarbagh,Distt.-Patna ... ... Petitioner/s
Versus
1. The State of Bihar
2. Shyam Nandan Pd. Singh S/o Sri Anand Bhushan Singh Resident of MohallaRanighat,P.O. Mehandru,P.S. Sultanganj,Distt.-Patna & A/P Bhushan Medical Hall, Brindawan Nursing Home,Salimpur Ahra,P.O.-GPO,P.S. Gandhi Maidan,Distt.-Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kashyap For the Opposite Party/s :
Mr.Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Complaint Case No. 4440(C) of 2013 registered for the offence punishable under Sections 420 of the Indian Penal Code and under Section 138 N.I. Act. Complainant has alleged in his complaint that in a friendly relation with petitioner he invested total Rs.9,50,000/- in the business of the petitioner. When he told the petitioner to return the money petitioner told him to encash the cheques from the bank which was being given by the petitioner but the same was dishonored and thereafter when complainant went to the house of petitioner he misbehaved and refused to pay the said amount.
Patna High Court Cr.Misc. No.75531 of 2018(3) dt.21-12-2018 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. He gave blank cheques to the complainant in good faith but same were misused by the complainant. In similar nature of case petitioner has been granted anticipatory bail by co-ordinate Benches of this Court vide order dated 08.09.2017 and 19.12.2017 passed in Cr. Misc. No. 41329 of 2017 and 52858 of 2017 respectively. He is in custody since 12.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 8th, Patna in connection with Complaint Case No.4440 (C) of 2013 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court Cr.Misc. No.75531 of 2018(3) dt.21-12-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/manojU T