Patna High CourtCR. MISC./27374/2023bail granted

Amarjeet Kumar v. The State Of Bihar

2023-07-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27374 of 2023 Arising Out of PS. Case No.-1631 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== AMARJEET KUMAR S/O SURENDRA KUMAR SINHA Resident of Village- Kujapi, P.S.- Chandauti, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar 2.

AJIT KUMAR SINHA S/O LATE CHANDRADEEP PRASAD Resident of Village- Kujapi, P.S.- Chandauti, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 419 and 420 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the complainant alleges that petitioner had taken a loan of Rs. 6,33,000/- from him for opening a medicine shop, but did not returned the money, it is next alleged that two cheques were issued but the cheques were not presented for encashment on assurance of the petitioner that money would be returned to him.

Patna High Court CR. MISC. No.27374 of 2023(2) dt.21-07-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner had never taken any loan from the informant for opening a shop, it is also submitted that if cheque would have been issued in favour of the complainant then definitely the same would have been presented for encashment but then the same was not done, it is also submitted that a complaint case came to be instituted only with a view to falsely implicate the petitioner.

5. Learned counsel for the petitioner next submits had an FIR been instituted, the case would have been investigated and the falsity of the allegation would have manifested.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case

Patna High Court CR. MISC. No.27374 of 2023(2) dt.21-07-2023 3/3 No. 1631 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T