Ajit Kumar @ Ajit Kumar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21295 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -BAKHTIYARPUR District- PATNA ====================================================== Ajit Kumar @ Ajit Kumar Lal Son of Kantash Prasad, resident of VillageParshuram Chak, P.S. Kahalgaon District Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the State : Mr. Satyendra Prasad, APP For O. P. No. 2 : Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bakhtiyarpur P. S. Case No. 210 of 2015 registered under Sections 420 and 406/34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act, 1881.

It is contended by the learned counsel for the petitioner that from perusal of the FIR, it would be evident that a wild and ornamental allegation has been made against the petitioner and there was no occasion for the petitioner to come to the hose of the informant at Bakhtiyarpur from New Delhi. It is further contended that the ingredients of the offence

Patna High Court Cr.Misc. No.21295 of 2016 (5) dt.31-08-2016 2/2 punishable under Sections 420 and 406 of the Indian Penal Code are not attracted in the present case and Section 138 of the Negotiable Instrument Act is bailable in nature. Learned counsel for opposite party no. 2 has opposed the application for grant of pre-arrest bail to the petitioner. He has submitted that the petitioner has cheated the informant of the present case and had taken Rs.3,32,000/- from him on the pretext of supplying machinery items to him, and, thereafter, neither the machinery were provided, nor the amount was returned.

Be that as it may, regard being had to the nature of the allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, District- Patna in Bakhtiyarpur P. S. Case No. 210 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T