Vijay Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44997 of 2016 Arising Out of Complaint Case No. -1412 Year- 2015 Thana -NAWADAH COMPLAINT CASE District- NAWADA ====================================================== Vijay Singh Son of Late Ram Swaroop Singh resident of Dhamaul, Police Station- Hisua in the district of Nawada.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Ajay Kumar Son of Late Ganesh Dutt Singh.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2016 2nd supplementary affidavit is filed on behalf of the petitioner. Similarly, counter affidavit is filed on behalf of the complainant.
Heard learned counsel for the petitioner, learned counsel for the complainant as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Complaint Case No. 1412 of 2015 in which cognizance has been taken for the offences punishable under Section 420 of the Indian Penal Code.
The complainant claims that petitioner had taken loan of rupees four lacs on 15.05.2015 from him but did not make
Patna High Court Cr.Misc. No.44997 of 2016 (2) dt.16-12-2016 2/2 payment and subsequently issued cheque which got dishonored when presented before the concerned Bank.
Submission on behalf of the petitioner is that relevant cheque book of the petitioner was lost in the month of November, 2014 and petitioner lodged Sanha in Hisua police station in respect of missing of his cheque book and as a matter of fact, the complainant used the aforesaid cheque for creating this false case and complainant also managed some other persons who lodged false cases against the petitioner on the basis of lost cheque of the petitioner.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Nawada in Complaint Case No. 1412 of 2015 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T