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Patna High CourtCR. MISC./40811/2021bail granted

Shubham Kumar @ Subham Kumar v. The State Of Bihar

2022-03-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40811 of 2021 Arising Out of PS. Case No.-412 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== SHUBHAM KUMAR @ SUBHAM KUMAR Son of Shyam Sundar Saw Resident of Village- Tika Bigha, Mocharim, P.S.- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2022 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 504 and 506/34 of the Indian Penal Code and Section 138 of the NI Act.

It is a case of forgery of Rs.8,00,000/- by the accused persons.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has not been apprehended at the spot. He further submits that the cheque issued by the petitioner has bounced, as mentioned in the FIR. Petitioner is family friend to the informant and was made a guarantor but the

Patna High Court CR. MISC. No.40811 of 2021(2) dt.22-03-2022 2/2 informant with an ulterior motive used the alleged cheque as a weapon against the petitioner whereas the petitioner returned entire dues amount of the informant and no single paise is due against the petitioner. Petitioner has clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Bodh Gaya P.S. Case No. 412 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T