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Patna High CourtCR. MISC./49011/2017bail granted

Sunil Kumar Jha v. State Of Bihar And ANR

2017-11-13Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.49011 of 2017 (3) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49011 of 2017 Arising Out of PS.Case No. -478 Year- 2016 Thana -KANKARBAGH District- PATNA ======================================================

1. Sunil Kumar Jha, son of Late Hiranand Jha, resident of MohallaVidyapuri, P.S.- Patrakar Nagar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kumar Gaurab, son of Sureshwar Thakur, resident of Mohalla- Weaker Section, 4/47 Kankarbagh, P.S. Kankarbagh, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karuna Kant Jha For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2017 Heard both sides.

The petitioner apprehends his arrest in Kankarbagh P.S. Case No.478 of 2016 registered under Sections 406 and 420 of the Indian Penal Code and Section 138 of N.I. Act. The informant alleged that the petitioner took Rs.1,94,400/- from him and acknowledged the receipts of money on a stamp paper. The petitioner gave two cheques but when the informant presented the cheques on 03.04.2011, both the cheques were bounced.

The learned counsel for the petitioner submits that on same and similar allegation, the informant lodged complaint case No.3091(C) of 2013. The complaint petition is still pending but

Patna High Court Cr.Misc. No.49011 of 2017 (3) dt.13-11-2017 the informant lodged the F.I.R. almost on the same and similar allegation.

Considering the facts that for the same and similar allegation complaint case is also pending and thereafter this F.I.R. is lodged, the petitioner, above named, in the event of his arrest or surrender before the learned 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 learned Judicial Magistrate 1st class, Patna in connection with Kankarbagh P.S. Case No.478 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T