Vijay Kedia @ V. K. Kedia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21915 of 2018 Arising Out of PS.Case No. -260 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Vijay Kedia @ V. K. Kedia S/o Raj Kumar Kedia, R/o Kedia Gonvassing Near Fatehganj, P.S.- Pateganj, District- Faijabad (U.P.). .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner. Nobody appeared on behalf of the State.

Petitioner apprehends arrest in connection with Sahebganj P.S. Case No.260 of 2016 registered for the offences under Sections 406 and 420 of the I.P.C.

It is alleged that this petitioner being Commission Agent of co-accused Pawan Agrawal came at the business premises of the complainant and on his assurance the complainant started supplying of paddy to the firm of co-accused Pawan Agrawal. The total sum of Rs. 12,10,336/-was payable to the complainant. After several requests, the co-accused Pawan Agrawal (Director of the Firm) issued six cheques against the payable amount to the complainant and when the same were presented in the Bank, it

Patna High Court Cr.Misc. No.21915 of 2018 (2) dt.27-04-2018 bounced. It has been submitted that this petitioner is a Commission Agent of the firm of co-accused Pawan Agrawal and has no concern with the business transaction with the co-accused. The cheques, which bounced, were issued by co-accused Pawan Agrawal and so no offence under Section 420 of the I.P.C. and Section 138 of N.I. Act is made out against him. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the likewise amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge 1st, (west), Muzaffarpur in connection with Sahebganj P.S. Case No.260 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U