Rakesh Kayal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11833 of 2018 Arising Out of PS. Case No.-1 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Rakesh Kayal, son of late Shyam Sunder Kayal, Proprietor of Shubh Laxmi Vastralaya, Gudri Bazar Road, P.O. and P.S. Hazipur, Dist. Vaishali. ... ... Petitioner/s

Versus

1.

State Of Bihar.

2.

Mritunjay Shankar Jaypuriya, S/o Late Dhruva Nandan Prasad Jaypuriyar, C/o Uma Nath Verma, Narayani Nagar, Sachi Patti, Road No. 07, P.S. Town, Hajipur, Dist. Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gautam Kumar Kejriwal For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Complaint Case No. 01 of 2017 registered for offences under sections 138 of the Negotiable Instrument Act and Section 323 & 406 of the Indian Penal Code. As per allegation, the Complainant had invested money on the assurance that he will be made partner to the shop but, later on, he was duped as the money was not returned to him and the cheque issued to the Complainant returned dishonoured. Learned counsel for the petitioner submits that the offence under Section 406 of the I.P.C. is not made out in the present

Patna High Court Cr.Misc. No.11833 of 2018(2) dt.27-02-2018 2/2 case and the offence under Section 138 of the Negotiable Instrument Act is bailable.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Rakesh Kayal, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 Additional Chief Judicial Magistrate, II Samastipur in connection with Complaint Case No. 1 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) rishi/- U T