Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36346 of 2023 Arising Out of PS. Case No.-962 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Ajay Kumar Son Of Devnandan Singh, Proprietor Ajay Pustak Bhandar Proprietor Ajay Pustak Bhandar, Resident Of Mohi- Magngal Markat, Baily Raod Shekhpura, Pillar No. 71, Ps- Hawai- Adda, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pawan Kumar Son of Yugal Kishore Agrawal Resident of Mohl-Lohariya Tola, PS- Kotwali, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code and Section 138 of the NI Act.
3. Prosecution case is that the petitioner took books from the complainant on credit. He pays some of the amount and Rs. 9,94,145/- was remained due. On repeated request, the petitioner issued post dated cheque in favour of the petitioner which was dishonored by the bank due to insufficient balance.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that both parties are involved in one business
Patna High Court CR. MISC. No.36346 of 2023(5) dt.29-01-2024 2/2 i.e, on the transaction of books. He submits that the dispute is purely business dispute. He submits that the dispute between the parties could not be resolved through the process of mediation. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and learned counsel for the complainant oppose 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 Complaint (Gaya) P.S. Case No. 962 of 2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T