Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71425 of 2018 Arising Out of PS. Case No.-237 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== Manoj Kumar @ Manoj Kumar Singh Son of Gaya Singh, Resident of Village-Agarwa P.S.-Town Motihari Dist-East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Adv.
For the State :
Mr. Akbar Ali, APP For the Informant :
Mr. Anshuman Singh, Adv.
Mr. Rakesh Kumar No.1, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2019 This is an application for grant of anticipatory bail in connection with Chhatauni P.S. Case No. 237 of 2017, disclosing offences under Sections 420, 406 of the Indian Penal Code and Section 138 of the N.I. Act.
Allegation against the petitioner is that he has taken Rs.4,00,000/- as loan from the informant with condition to return the same within 15 days and on demand, the petitioner given a cheque of Rs.4,00,000/- to the informant, which bounced on production and when the informant informed to the petitioner about the same, then the petitioner threatened the informant.
Submission of learned counsel for the petitioner is that the petitioner has taken Rs.1,00,000/-, but now the
Patna High Court CR. MISC. No.71425 of 2018(6) dt.10-04-2019 2/2 informant is demanding Rs.4,00,000/-.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner and submitted that he has filed counter affidavit and written paper given by the petitioner that he has taken Rs.4,00,000/- and he will return the same and as such, it is a clear case of cheating against the petitioner. Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T