Dr. Nalin Bilochan @ Nalin Bilochan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44875 of 2023 Arising Out of PS. Case No.-744 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== DR. NALIN BILOCHAN @ NALIN BILOCHAN Son of Late Ishwar Chand Sinha @ Ishwar Chandra Singh Resident of Khabra Road, Near Kalambagh Chowk, P.S.- Kaji Mohammadpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. advocate Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 420/34 of the Indian Penal Code and u/s 138 of N.I. Act.

3. As per the prosecution case, this petitioner issued a cheque of Rs. 2,60,000/- to the informant, who was intended purchaser of shops supposed to be constructed in out-skirts of the college campus during the tenure of the petitioner, when he was Principal. It is further alleged that the said cheque of Rs. 2,60,000/- was dishonoured on presentation.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner

Patna High Court CR. MISC. No.44875 of 2023(2) dt.11-08-2023 2/2 being Principal transferred from the college after issuing the cheque of Rs. 2,60,000/- and he subsequently stopped the payment of cheque under the direction of successor Principal causing dishonoring of the cheque in question and for that petitioner can not be held responsible. Admittedly, the transaction was made from University bank account and not from the private account of the petitioner.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town PS case No. 744/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T