Subodh Kumar Singh @ Subodh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.8461 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8461 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. SUBODH KUMAR SINGH @ SUBODH SINGH S/o Late Kameshwar Singh, R/o Village- Rasulpur, Sohawan, P.S.- Bhagwanpur, DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.

The petitioner apprehends his arrest in Bhagwanpur P.S. Case No.186 of 2017 registered under Sections 420, 406 of the Indian Penal Code and Section 138 of the N.I.Act. The gist of the allegation is that the petitioner requested the informant to supply bricks. Petitioner gave a cheque of Rs.2 lacs but the cheque was dishonoured.

The learned counsel for the petitioner submits that sub-standard brick was supplied to the petitioner and, therefore, the petitioner stopped the payment of cheque. The petitioner may be allowed to make payment of entire amount within four months.

Patna High Court Cr.Misc. No.8461 of 2018 (2) dt.17-02-2018 Considering the facts that petitioner undertakes to return Rs.2 lacs to the informant within four months from the date of his release on anticipatory bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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-III, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.186 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioner fails to return Rs.2 lacs through draft in favour of the informant within four months from the date of his release on anticipatory bail, the learned court below shall cancel the bail bond of the petitioner immediately thereafter. (Prabhat Kumar Jha, J) Saurabh/- U T