Patna High CourtCR. MISC./29228/2017bail granted

Gautam Kumar v. The State Of Bihar

2017-08-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29228 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Gautam Kumar Son of Saroj Kumar Choudhary Resident of Village- Ward no. 10, Nagar Parishad, Forbesganj, P.S. Forbesganj, Distt. Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2017 Heard both sides.

The petitioner apprehends his arrest in Forbesganj P.S. Case No. 94/2017, registered for the offences punishable under Section 406 of the Indian Penal Code.

The informant alleged that the petitioner borrowed Rs. 2,50,000/- from him and executed an agreement. It is further alleged that petitioner issued two blank cheques. The informant presented one cheque, but the same was dishonoured. When the informant demanded money, the petitioner abused and assaulted him.

Learned counsel for the petitioner submits that the petitioner purchased one truck from the authorized dealer. The informant was working as Branch Manager, Mahakali Motors Pvt.

Patna High Court Cr.Misc. No.29228 of 2017 (3) dt.19-08-2017 2/2 Ltd. The petitioner handed over seven post dated cheques in pursuance of agreement between the petitioner and the Financer, but the informant being employee of the transport company stealthily took two cheques and lodged this false and frivolous case.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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, Araria in connection with Forbesganj P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T