Abhishek Kumar @ Abhishek Anand v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28010 of 2018 Arising Out of PS.Case No. -1243 Year- 2016 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Abhishek Kumar @ Abhishek Anand S/o Narendra Chandra Dutta, R/o Makdum Sah Lane, Champanagar, P.S.- Nathnagar, Distt.- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. M/S Shree Ganpati Traders, Kajichak Panna Mill Road through its proprietor Heera Sah, at Kajichak, Panna Mill Road, P.O.+ Distt.- Bhagalpur.

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Complaint Case No. 1243 of 2016, registered for offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Allegation as per complaint is that one M/S Shree Ganpati Traders, as per agreement, given a cheque of Rs. 5,11,000/- to M/S. Nandlal's & Company for some business purpose and thereafter M/S Nandlal's & Company returned the amount by cheque but the same has been bounced. It has been submitted on behalf of the petitioner that neither the petitioner is Director of M/S Nandlal's & Company nor

Patna High Court Cr.Misc. No.28010 of 2018 (2) dt.15-05-2018 2/3 he is connected with the occurrence. Petitioner is an agent of the same.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VIIIth, Bhagalpur in connection with Complaint Case No. 1243 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as

Patna High Court Cr.Misc. No.28010 of 2018 (2) dt.15-05-2018 3/3 and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sushma/- U T