Naveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43162 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Naveen Kumar son of Bindeshwar Prasad Singh, Resident of villageRajput Tola, Atwar Hat, P.O.& P.S.- Rajapakar, Dist- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Hajipur Town P. S. Case No. 168 of 2015 registered for offences punishable under Sections 420, 406, 504, 506/34 of the Indian Penal Code and under Section 138 of the Negotiable Instrument Act.
The prosecution case, on the basis of a complaint lodged by one Arun Kumar, who runs a firm in the name of Maharaj Enterprises and Ordent Health Care Global Pvt. Ltd in which the petitioner worked as a medical representative, took medicine of about Rs. 1, 88,000/- and distributed amongst the shop keeper and collected money from the shopkeepers but did not
Patna High Court Cr.Misc. No.43162 of 2015 (4) dt.10-02-2016 2/3 return the money of the informant. When the complainant pressurized the petitioner for money the accused persons said that the payment will be made soon and later on the petitioner gave a cheque, which got bounced. Thereafter, the complainant sent legal notice but no reply was given. It is also alleged that on 27.12.2014 the informant and the other officers went at the house of the accused persons, they abused the informant and threatened him to implicate him in a false case.
It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. It has further been submitted that he has a clean antecedent and he has never issued any cheque nor taken any amount as specified in the complaint case.
Furthermore, the learned counsel for the petitioner submits that the cheque book of the petitioner was lost for which he had lodged a sanha before the S.H.O. Rajapakar P.S. on 09.10.2014 and has also informed the Bank officials. It has also been submitted by the learned counsel for the petitioner that the complaint case, which was finally registered as F.I.R., has been lodged after much delay of cheque which dishonoured on 20.11.2014, and the said cheque book has been lost on 09.10.2014.
Patna High Court Cr.Misc. No.43162 of 2015 (4) dt.10-02-2016 3/3 On the other hand, learned A.P.P. submits that the petitioner has been named in the F.I.R.
Be that as it may, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 168 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C.
(Nilu Agrawal, J) Sudha/- U T