Atirek Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44079 of 2021 Arising Out of PS. Case No.-354 Year-2016 Thana- FATUA District- Patna ====================================================== ATIREK ANAND Son of Late Achutta Nand @ Late Achuttanand Resident of Village- Vishwakarma Colony, Khemnichak, New Jaganpura, P.S.- Ram Krishna Nagar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap Mr. Alok Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 364(A), 468, 471, 386, 387, 420, 406 and 120(B) of the Indian Penal Code.

The prosecution allegation, in short, is that the accused person did not pay the consideration money to the informant rather they gave a cheque of Rs. 7,50,000/- issued from the account of this petitioner but the payment of the cheque was stopped at the behest of this petitioner. It has been submitted on behalf of the petitioner that the case is of civil nature. It is further submitted that the aforesaid cheque was given as advance, not in discharge of legally enforced debt or other liability. Pursuant to the same no

Patna High Court CR. MISC. No.44079 of 2021(5) dt.08-08-2022 2/2 piece of land was transferred to the petitioner by the informant as such no offence is made out against this petitioner. Allegation against this petitioner is absolutely false and baseless. Petitioner has got clean antecedent.

However, learned counsel for the State and the Informant opposed the prayer for anticipatory bail and submitted that there is specific allegation against this petitioner that he issued a cheque of Rs. 7,50,000/- and later on payment of the same was stopped by him.

Considering the aforesaid facts and circumstances of the case and the nature of dispute between the parties, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six 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 A.C.J.M. -I, Patna City in connection with Fatuha P.S. Case No. 354/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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