Aditya Kumar @ Amit Kumar@Amit Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43573 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== Aditya Kumar @ Amit Kumar @ Amit Rai, S/o Ajeet Kumar Singh, Resident of Village- Kamalnathnagar, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Umesh Kumar, S/o Late Harkhit Mandal, Resident of Village+P.O.- Kare, P.S.- Sheikhpura, District- Sheikhpura.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.
After hearing the parties and going through the recital in complaint petition, in my view, this is clear case of dispute arising out of breach of contract and civil remedy is there to the complainant.
Hence, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period
Patna High Court Cr.Misc. No.43573 of 2018(4) dt.26-10-2018 2/2 of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No.12-C of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) abhishek/- U T