Shyama Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27318 of 2019 Arising Out of PS. Case No.-3223 Year-2010 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== SHYAMA MANJHI, aged about 65 yrs., Male, Son of Late Sarvjit Manjhi Resident of Village-Majhawaliya, Police Station-Kopa, District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subodh Kumar, Chief Manager, Punjab National Bank Branch-Hathua Market, P.S-Chapra Nagar, District-Chapra(Saran) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.3223 of 2010, Tr. No.2164/19 for the offences allegedly committed by the petitioner under Section 420 of the Indian Penal Code and under Section 138 of N.I.Act. The gist of the allegation is that the petitioner took personal loan of Rs.90,000/- from Punjab National Bank, Hathwa Market Branch, Chapra. When the petitioner stopped paying E.M.I. and when the informant issued notice, he gave a cheque of Rs.70,407/- bearing cheque no.891941 on 12.08.2010 but the cheque was not honoured.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27318 of 2019(2) dt.25-04-2019 2/2 after filing of the complaint petition, the petitioner has already deposited the entire amount. The Punjab National Bank issued no dues certificate on 21.11.2013.

Taking into consideration the fact that the petitioner has already paid the entire loan amount and the Punjab National Bank issued no dues certificate in the year 2013 itself, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-7, Saran in connection with Complaint Case No.3223 of 2010, Tr. No.2164/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T