Patna High CourtCR. MISC./7562/2014bail granted

Awanish Kumar Rai v. State Of Bihar And ANR

2015-05-18Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.7562 of 2014 (4) dt.18-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7562 of 2014 Arising Out of PS.Case No. -467 Year- 2013 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Awanish Kumar Rai S/O Prof. Bhola Rai Resident Of Village- Bishoul, Police Station- Jhanjharpur, District- Madhubani. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Arun Kumar Gupta S/O Ramesh Prasad Gupta Resident Of Near Tandur Plaza Hotel, Rahamganj, Police Station- Laheriyasarai, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 18.05.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. No one appears on behalf of the opposite party no.2 though notice on his learned counsel who is working on his behalf in the court below has already been served. Petitioner apprehends his arrest in connection with C.R. no. 467/2013 in which cognizance for the offence punishable under section 420 of the Indian Penal Code and 138 of the N.I. Act has been taken.

It would appear from perusal of the complaint petition that opposite party no.2 had given the amount in question to the petitioner as loan and, therefore, application of section 420 of the Indian Penal Code appears to be doubtful.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed

Patna High Court Cr.Misc. No.7562 of 2014 (4) dt.18-05-2015 and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Darbhanga in C.R. no. 467/2013 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T