Laxman Sah @ Laxuman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31863 of 2023 Arising Out of PS. Case No.-403 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Laxman Sah @ Laxuman Sah Son Of Late Shivpujan Shah @ Metha Sah Resident Of Village- Isari, Police Station-Ramgadh, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of the N.I. Act.

3. Prosecution case is that the informant advanced a loan of Rs. 2,00,000/- to petitioner and also sold paddy amounting to Rs. 1,86,000/- to him and in lieu thereof the petitioner issued a cheque amounting to Rs. 2,00,000/- which has been dishonored by the Bank and on demand the petitioner refused to pay back the amount in question and in this way, the petitioner, as alleged, committed criminal breach of truest and cheated a hefty amount of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.31863 of 2023(2) dt.20-07-2023 2/2 case. He submits that the petitioner and the informant were indulged in trade of grain and during that period the informant obtained cheque book of petitioner and used the same and the informant engineered a false story and filed this case. He submits that there is business transaction between the parties. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Ramgarh P.S. Case No. 403 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T