Gopal Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53063 of 2015 Arising Out of PS.Case No. -138 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gopal Prasad Yadav, S/o Late Yogendra Prasad, Resident of VillageSundrapur Pachchiyari, P.S.- Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Hemant Kumar Singh S/o Ravindra Pratap Narayan Singh, villTajpur,Patkhauliya, P.S.Kesarai, Dist. East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-01-2016 Heard both sides.

Petitioner is facing prosecution under Sections 406, 420, 467, 468, 388 and read with Section 138 of the Negotiable Instruments Act.

A sum of Rs. 1,50,000/- was advanced to the petitioner which was not being refunded. On insistence, it is alleged that a cheque of Rs. 1,50,000/- drawn in favour of the informant was given which, on presentation, was dishonoured. It is submitted that the parties are on business terms. It was a matter of settlement of account. However, for obtaining the privilege of bail, the petitioner would be willing and ready to

Patna High Court Cr.Misc. No.53063 of 2015 (3) dt.25-01-2016 2/3 deposit certain parts/portions of the amount without prejudice to his right and contention. In the present case, Mr. Verma, who represented the informant has only submitted that the allegation is against the petitioner of mis-appropriating the amount of the informant. He has, however, disputed the contention that the parties are on business terms.

Considering the submissions of the parties, particularly, the stand taken by the petitioner this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Let the petitioner, named above, in the event of arrest or surrender in the Court below within a period of five weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Motihari in connection with Kesaria P.S. case no. 138 of 2015, G.R. No. 2652 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

1) Along with the bail bond the petitioner shall produce demand draft or bank statement showing payment of Rs. 40,000/- (Forty Thousand) in favour of the informant. Such payment shall be without prejudice to his right and contention in the case.

Patna High Court Cr.Misc. No.53063 of 2015 (3) dt.25-01-2016 3/3

2) One of the bailors shall be the own/close family members of the petitioner.

3) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T