Chandra Bilash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34133 of 2024 Arising Out of PS. Case No.-5417 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Chandra Bilash Prasad S/O Late Manki Prasad R/O 151, Jai Prakash Nagar, Digha Road, P.S- Rajiv Nagar, Distt.- Patna ... ...

Petitioner/S

Versus

1.

The State Of Bihar 2.

Vishwanath Prasad Gupta S/O Late Baldeo Prasad Gupta R/O R/151, Jai Prakash Nagar, P.O- Ashiyana Nagar, P.S- Rajiv Nagar, Distt.- Patna. ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP For OP 2 :

Udai Shankar Singh, Advocate Brajesh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024

1. Heard learned counsel for the petitioner, opposite party No. 2 and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 406 of the Indian Penal Code and section 138 Negotiable Instrument Act. 3 . It is case of cheque bounce . It is alleged that two cheques each of Rs. 10 laks, out of six cheques which were issued by this petitioner got bounced due to insufficiency of fund.

4. It is submitted on behalf of the petitioner that dispute between the parties has been resolved through the process of mediation vide mediation report dated 09.08.2024 .

Patna High Court CR. MISC. No.34133 of 2024(4) dt.28-08-2024 2/2 5 . Learned A.P.P for the State as well as Opposite party No. 2 does not dispute with the contention made on behalf of the petitioner.

6. Considering the aforesaid fact that dispute between the parties has already been resolved, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Court of Judicial Magistrate 1st Class Patna in connection with Complaint Case No. 5412 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure with further condition that the petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 20.08.2024 annexed with the Mediator's report (flag 'A'), failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) Koushik/- U T