Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64861 of 2018 Arising Out of PS. Case No.-1745 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Anjani Kumar Son of Late Sahbir Singh, Residet of VillageP.O.- Parthu, P.S.- Ekangar Sarai, District- Nalanda.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manager Sah For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 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. 1745© of 2016, registered under Section 138 of the N.I. Act and Sections 420, 406, 323, 354 and 120(B) of the Indian Penal Code.

The accusation is that petitioner along with Tarun Kumar approached the complainant/informant for loan for doing the business. Accordingly, complainant paid Rs. 3,50,000/- to the petitioner and Rs. 206000/- to co-accused Taarun Kumar Nirala, while petitioner paid Rs. 50,000/- from the aforesaid amount on 23.09.2014, but the rest amount was not deposited. Later on, Tarun Kumar Nirala issued two cheques each of Rs. One lakh, but both cheques were

Patna High Court Cr.Misc. No.64861 of 2018(3) dt.05-02-2019 2/2 dishonoured.

Learned counsel for the petitioner submits that petitioner has refunded Rs. 3,50,000/- to the complainant on 23.09.2014. Thereafter, he also deposited Rs. 50,000/- on 18.08.2015 and later on, Rs. 2,50,000/- was paid by the petitioner on 07.05.2015 and 09.05.2015 amounting of Rs. 1,60,000/- and Rs. 90,000/- respectively to Divya Nand, brother of husband of complainant.

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 learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 1745© 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