Anil Sharma @ Anil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23175 of 2017 Arising Out of PS.Case No. -645 Year- 2016 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Anil Sharma @ Anil Kumar, son of Late Deoki Singh, resident of Village- Purushottampur, Police Station- Ghosi, in the district of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shyam Nandan Sharma, son of Late Kamla Prasad Singh, resident of Village- Okari, Police Station- Ghosi, in the district of Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Akhileshwar Prasad, Sr. Advocate Mr. Bimal Kumar, Advocate For the Complainant : Mr. Ajay Kumar Thakur, Advocate Mr. Ravi Ranjan, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. The complainant had lent five lacs to the petitioner and the petitioner had promised to refund the same with interest but the petitioner did not refund and the cheque issued by the petitioner bounced.

Submission of the petitioner is that the cheque of the petitioner had missed which the petitioner reported to the police as

Patna High Court Cr.Misc. No.23175 of 2017 (2) dt.19-05-2017 2/2 well as to the bank vide Annexure-3 series. Further submission is that there is no evidence of payment of such a huge amount to the petitioner.

Learned counsel for the complainant opposed the prayer for bail.

Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Jehanabad/successor Court in connection with Complaint Case No. 645 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T