Prakash Jha @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4856 of 2018 Arising Out of PS. Case No.-41 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== Prakash Jha @ Sonu , Son of Shuklambar Jha, R/o village- Sangi , P.S.- Phulparas, District- Madhubani, Presently Residing at A-998, II Floor, G.D. Colony, Mayur Vihar, Phase- III, Delhi-96.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Parasmani, Advocate For the Opposite Party/s :

Sri Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-03-2018 Heard Shri Sanjay Parasmani, learned counsel for the petitioner , Shri Bhanu Pratap Singh, learned Additional Public Prosecutor as well as learned counsel for informant. The sole petitioner, apprehending his arrest in Rajnagar P.S. Case No. 41 of 2017 , registered for offence under Section 406, 420, 120(B ) of the Indian Penal Code , 1860 has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner by way of referring to F.I.R. submits that it is a peculiar case in which allegation was made that petitioner's cheque issued in favour of the College was dishonoured in the year 2013 and thereafter the present F.I.R. was lodged in the year 2017.

Learned Additional Public Prosecutor as well as learned

Patna High Court Cr.Misc. No.4856 of 2018(4) dt.23-03-2018 2/2 counsel for informant have opposed the prayer for grant of anticipatory bail. However, this fact was not disputed that the so -called cheque was not honoured in the year 2013. In view of the facts and circumstances, I am of the opinion that it is a fit case for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Prakash Jha @ Sonu be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Vikas Jha, learned Judicial Magistrate Ist Class, Madhubani / concerned court in connection with Rajnagar P.S. Case No. 41 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T