Ajay Kumar Alok v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24205 of 2020 Arising Out of PS. Case No.-54 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== AJAY KUMAR ALOK S/o Rampadarath Paswan Resident of Mohalla - Tilkamanjhi Near Shahid Bhagat Singh Lane Arya Tola Sabour Road, P.S. Tilkamanjhi, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupa Nand Jha, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 & 420 of the Indian Penal Code.

The prosecution case as per the written report filed by the Assistant Manager of the S.B.I., Bhagalpur is that one Shayama Nand Singh was sanctioned Rs.7,50,000/- loan on 25.09.2017 under Mudra Rin Yojana for business purpose and for this a softy machine was to be purchased and quotation was given by M/s Abhilasha through its proprietor Ajay Kumar Alok (petitioner). As per the quotation a cheque was issued but he neither supplied the machine nor the receipt etc. have been submitted with the bank.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.24205 of 2020(3) dt.13-11-2020 2/2 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to business dispute with his partner. It is further submitted that due to down fall in business and losses, he surrendered his agency in July, 2017 and the cheque amount was returned to the borrower on 03.10.2019 and the matter was reported to the bank and there is receiving of the amount by the said Shayama Nand Singh with information to the bank and he is ready to pay out the same. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 54 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T