Patna High CourtCR. MISC./58368/2017bail granted

Raushan Kumar Rai v. The State Of Bihar

2017-12-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58368 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Raushan Kumar Rai S/o Sri Akalu Rai resident of village - Nayagaon East, P.S. - Desari, Dist - Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Desari P. S. Case No. 193 of 2017 registered under Sections 341, 504, 506, 420, 406 and 409 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that even if the entire allegations made in the FIR are taken to be true, no case under Sections 406, 420 and 409 of the Indian Penal Code would be made out. He submitted that the ingredients of Section 138 of the Negotiable Instruments Act are also not attracted in the present case.

Patna High Court Cr.Misc. No.58368 of 2017 (2) dt.12-12-2017 2/2 On the other hand, learned counsel for the informant submitted that the petitioner took Rs.4,50,000/- from the informant and did not return the same. The cheque issued by him has got bounced.

Regard being had to the facts and circumstances of the case, the petitioner named above is directed to be released 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 learned Sub-Judge-III-cum-ACJM-II, Vaishali at Hajipur in Desari P. S. Case No. 193 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T