Nasrul Haque @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53078 of 2018 Arising Out of PS.Case No. -482 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Nasrul Haque @ Lalu, S/o Hafiz Nurulain, R/o Vill.- Jaukatia, P.S.- Majhauliya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh, Advocate For the Opposite Party/s : Mr. APP For the Informant : Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-09-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner seeks bail in Sitamarhi P.S. Case No.482 of 2017 instituted for the offence under Section(s) 406, 420, 468, 506 Indian Penal Code and Section 138 of N.I. Act. The petitioner is said to be in custody since 13.06.2018.

In the written report, it is alleged that the informant gave Rs.20,50,000/- to the petitioner on 10.10.2016 with promise that he will return the same by 30.05.2017, but the petitioner did not return the said amount. The informant made demand then petitioner issued a cheque of Rs.15,00,000/-(fifteen lacs), which was presented in the bank by the informant and same was

Patna High Court Cr.Misc. No.53078 of 2018 (3) dt.27-09-2018 2/2 dishonoured.

Counsel for the petitioner submits that he is a poor tailor-master. There was business dealing between petitioner and informant. He further submits that Section 138 of the N.I. Act is bailable and petitioner is in custody for more than two months. 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, Sitamarhi, in connection with Sitamarhi P.S. Case No.482 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

The petitioner will remain present on each and every date during trial and his absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled.

(Sanjay Priya, J) JA/- Rohit Kr.

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