Prabhakar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24196 of 2020 Arising Out of PS. Case No.-1026 Year-2019 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.
Prabhakar Kumar Son of Radheshyam Tiwary Resident of Village- Sagarpur, P.S.- Sakari, District- Madhubani, and 2.
Dipesh Kumar Pankaj Son of Bashishtha Narayan Chaudhary Resident of Village- Raje, P.S.- Manigachhi, District- Darbhanga, present address both C/o- Prahalad Jha, Hajjam Tola, Gola Road, P.S.- Town, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner(s) :
Mr.Hari Kishore Thakur For the State :
Mr.P.K. Pandey,APP For the Informant :
Mr.Bhavesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant through video conferencing.
The petitioners seek bail in Town P.S. (Sikandarpur O.P.) Case No. 1026 of 2019, registered for the offence under Sections 406, 420 and 120(B) of the Indian Penal Code and Section 138 of N.I. Act.
As per the prosecution case, petitioners took Rs. 12,00,000/- (twelve lacs), as loan, from the informant for doing some business in the month of April-May, 2018 and promised to pay the same in October, 2018. Thereafter, it is alleged that
Patna High Court CR. MISC. No.24196 of 2020(3) dt.04-11-2020 2/3 petitioner no. 1 gave a cheque of Rs. 12,00,000/-, which was dishonored due to insufficiency of fund. It is further alleged that thereafter, a panchayati was held and petitioner no. 2 promised to pay the same and handed over a cheque of alleged amount to informant and when informant deposited said cheque in bank, same was returned due to closing of account. It is also alleged that to this effect, informant also sent legal notice to petitioners, but the petitioners did not return him alleged amount. It is submitted on behalf of petitioners that petitioner no. 1 took friendly loan from the informant, in which, petitioner no. 2 was guarantor, but due to some difference arose between the parties, the informant filed the instant case on false and frivolous allegations. No offence is made out against these petitioners and petitioners are in custody since 19-03-2020. Chargesheet has already been submitted.
However, learned A.P.P. for the State and counsel for the informant have vehemently opposed the bail application and submitted that petitioners are habitual offender and they are accused in one more case of similar nature, for which, learned counsel for the petitioners submits that in that case, petitioners have already been granted bail by the court below itself. Considering the aforesaid facts and circumstances and
Patna High Court CR. MISC. No.24196 of 2020(3) dt.04-11-2020 3/3 period of custody, the bail application of petitioners is allowed. Let the above-named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Town P.S. Case No. 1026 of 2020 on the following conditions: "(1) Petitioners shall cooperate 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 on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".
(Prabhat Kumar Singh, J.) anay/- U T