Pawan Sharma v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.11467 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11467 of 2018 Arising Out of PS.Case No. -567 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Pawan Sharma, Son of Mahesh Sharma, Resident of Village-Harpur, P.S.-Banka, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Mohan Choudhary, Son of Late Satya Narayan Choudhary, Resident of Mohalla-Nagar Panchayat, Banka, Ward No 14, Azad Chowk, Near Police Line Club, P.S. and District-Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioner apprehends his arrest in Banka P.S. Case No.567 of 2017 registered under Sections 419, 420, 406, 467, 468 of the Indian Penal Code and Section 138 of the N.I. Act. The gist of the allegation is that the petitioner purchased sheet of Rs.22,000/-. The petitioner gave cheque of Rs.11,000/- on 27.02.2017 but the cheque was dishonoured. The learned counsel for the petitioner submits that the cheque was not dishonoured due to paucity of fund. The cheque was returned as the signature did not tally. The petitioner is ready to pay Rs.11,000/- to the informant within one month.

Patna High Court Cr.Misc. No.11467 of 2018 (2) dt.27-02-2018 Considering the facts aforesaid, 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 Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.567 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If the petitioner fails to return the money of Rs.11,000/- to the informant through draft within one month from the date of release of the petitioner on anticipatory bail, the learned court below shall cancel the bail bond of the petitioner immediately thereafter.

(Prabhat Kumar Jha, J) Saurabh/- U T