Vijay Kumar Jha @ Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36569 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- THAKURGANJ District- Kishanganj ====================================================== Vijay Kumar Jha @ Vijay Kumar, Son of Sri Prabhu Narayan Jha, Resident of Mohalla - Mithila Book Centre, Mahadev Chawk, Bus Stand Road, P.S.- Araria, District- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bachha Raj Nakhat, Son of Sri Nag Raj Nakhat, Resident of Mohalla - Arihant Inter Praises, Neharu Road, Ward No. 10, P.O.- Thakurganj, P.S.- Thakurganj, District- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This is an application for grant of anticipatory bail in connection with Thakurganj P.S. Case No. 03 of 2019, disclosing offences under Section406 of the Indian Penal Code and Section 138 of the N.I. Act.
As per the written report the allegation against the petitioner is that he has taken cement from the shop of the informant and Rs.3,30,000/- was due for that he has issued a cheque of State Bank of India, Araria, but on production it was bounced due to insufficient amount.
Submission of learned counsel for the petitioner is that he is ready to return the amount if some reasonable time is given to the petitioner.
Patna High Court CR. MISC. No.36569 of 2019(3) dt.04-07-2019 2/2 Heard learned APP also.
In such view of the matter, let this application is disposed of with the condition that petitioner is to appear before the court below within a period of six weeks with a bank draft of Rs.1,10,000/- payable in the name of the informant and that he will be released on provisional bail for a period of three months and during that period, he is to deposit the rest of the amount in two equal installments of Rs.1,10,000/- each by bank draft in the name of informant. Once the total amount is deposited, the bail bonds of the petitioner shall be confirmed. It is needless to say that the amount so deposited may be released in favour of the informant on his request and undertaking filed by him.
With the aforesaid observations, this application is allowed.
(Vinod Kumar Sinha, J) Sunil Shukla/- U T