Anand Hisariya @ Anand Kumar Hisariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42068 of 2022 Arising Out of PS. Case No.-597 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== ANAND HISARIYA @ ANAND KUMAR HISARIYA Son of Late Omprakash Hisariya Resident of Village - Main Road, P.s. and Distt.- Khagaria (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Sinha For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

Learned counsel for the petitioner undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 406/420 of the Indian Penal Code and Section 138 of the N.I. Act. The accusation against the petitioner is that he had taken Rs.7 lakhs from the informant with an assurance to return it within one month but he did not return it and the cheque issued by him was got dishonored as the account was closed. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.42068 of 2022(2) dt.30-11-2022 2/2 He has been falsely implicated in this case. It is further submitted that the informant never produced this cheque for clearance as such no offence is made out under Section 138 N.I. Act. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Petitioner is agreed to pay 20% of Rs.2,00,000/- i.e. Rs.20,000/- to the informant within two weeks, without being prejudiced to this order.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Khagaria P.S. Case No. 597 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Learned court below is directed to accept the bail bond of the petitioner after satisfying himself that Rs.20,000/- has been paid to the informant.

(Anjani Kumar Sharan, J) Trivedi/- U T