Patna High CourtCR. MISC./36335/2019bail granted

Thakur Vikas Vallabh Singh @ Thakur Vishal Vallabh Singh @ Bholu v. The State Of Bihar

2019-07-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36335 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- MAHESI District- East Champaran ====================================================== THAKUR VIKAS VALLABH SINGH @ THAKUR VISHAL VALLABH SINGH @ BHOLU, Son of Shri Rama Shankar Singh @ Krishna Singh, Resident of Village- Damodarpur, P.S.- Mehsi, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mehsi P.S. Case No.209 of 2018 instituted for the offence under Section(s) 406, 420/34 Indian Penal Code and Section 138 of the Negotiable Instrument Act.

Counsel for the petitioner submits that Petitioner is in custody since 23.04.2019. Petitioner has business dealing with the informant. The informant has civil remedy. It is alleged in the written report that petitioner issued seven cheques for rupees thirteen lacs, but when the same was presented in the bank, it was not cleared.

Counsel for the petitioner submits that instant case has

Patna High Court CR. MISC. No.36335 of 2019(3) dt.23-07-2019 2/2 been registered under Section 138 of the Negotiable Instruments Act along with Section 406 and 420 Indian Penal Code on the basis of First Information Report, which is not maintainable. The complaint is maintainable for offence under Section 138 of the Negotiable Instruments Act.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Chief Judicial Magistrate, East Champaran, Motihari, in connection with Mehsi P.S. Case No.209 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T