Diwakar Sharan @ Vinod Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26007 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Diwakar Sharan @ Vinod Kumar Srivastava Son of Late Prabhu Sharan Srivastava Resident of Village- Ganauli, Police Station- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shiv Shankar Prasad Son of Ram Sharan Lal Resident of Mohalla- Deep Colony Banuchapar, Police Station- Bettiah Banuchapar O.P. District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Preeti Kumari, Advocate For the State :

Mr. Pramod Kr. Pandey, APP For Opposite Party No. 2:

Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. It is a case of cheque bounce. Petitioner is alleged to have issued two cheques worth amount of Rs. 8,00,000/-, which have bounced due to insufficiency of funds.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been falsely implicated in this case. The petitioner denies the allegations.

Patna High Court CR. MISC. No.26007 of 2024(4) dt.26-06-2024 2/3 However, after some arguments, without admitting the guilt, it is further submitted that the petitioner is ready to deposit 50 per cent of the disputed amount amounting to Rs. 4,00,000/- (Rupees four lacs only) in easy installments.

5. Considering the aforesaid facts and circumstances, prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate Ist Class, Bettiah at West Champaran, in connection with Complaint Case No. 244 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, along with the following terms and conditions:

A. At the time of furnishing bail-bond Rs. 2,00,000/- (Rupees two lacs) shall be deposited through cash in the Nazarat of the Civil Court, Bettiah at West Champaran.

B. Rest amount i.e. Rs. 2,00,000/- (Rupees two lacs ) shall be deposited in the Nazarat of Civil Court, Bettiah at West Champaran, in four equal installments within a period of one year from the date of furnishing bail-bond.

C. The aforesaid payment shall be subject to the final outcome of the case.

D. If petitioner fails to comply the aforesaid direction of this Court, the Court below is

Patna High Court CR. MISC. No.26007 of 2024(4) dt.26-06-2024 3/3 free to cancel the bail-bond of the petitioner.

7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J) shashank/- U T