Pradeep Kumar Sah @ Pradeep Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27687 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Pradeep Kumar Sah @ Pradeep Kumar, S/o Late Suraj Prasad Sah, R/o Birpur Ward No. 9, Tirupati Guest House, P.S.- Birpur, District- Supaul. .... .... Petitioner

Versus

1. The State of Bihar.

2. Nana Lal Kanji Bhai Badgama, S/o Kanji Bhati Badgama, Permanent address- 37 Shanti Park Gorwa, near Wokshop, P.S. Gorwa, DistrictBarodra (Gujrat). Present address- Pradeep Thakur, Post- Birpur Ward No. 9, P.s. Birpur, Distt.- Supaul.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 62 of 2016, registered under Sections 420, 406, 466, 379 and 120-B of the Indian Penal Code.

The accusation is that complainant/O.P.No.2 is the proprietor of M/s. Eskenal System, which is engaged at Koshi Barrage for automation work since 2010. He used to reside on rent in the guest house of the petitioner, where one Mukesh Kumar Gupta, Branch Manger, Central Bank of India also used to reside on rent. The account of informant was in the Central Bank of India, Birpur Branch due to intimacy, the petitioner used to receive the cheque to the bank without

Patna High Court Cr.Misc. No.27687 of 2017 (4) dt.12-09-2017 2/2 submitting the slip and during that period petitioner managed to take one signed blank cheque of the informant. Thereafter, on 02.07.2015, Rs. 11,72,730/- was deposited in the account of informant due to work done at Koshi dame and petitioner withdraw Rs. 6,70,000/- by placing the stolen cheque of the informant.

Learned counsel for the petitioner submits that, in fact, the informant used to take money from the petitioner as and when required for his business and accordingly, he issued cheque of Rs. 6,70,000/-, but with ulterior motive, this case has been lodged by him. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Birpur (Supaul) in connection with Complaint Case No. 62 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T