Vidya Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51412 of 2023 Arising Out of PS. Case No.-65 Year-2011 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Vidya Bhushan Son of Brij Nandan Prasad Resident of Village-Banarasi Bigha, P.S.-Islampur, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kamlesh Kumar Son of Rameshwar Prasad Resident of Rajgir Kali Bari, P.S.-Rajgir, District-Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvnendra Kumar Thakur For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code.

3. As per the prosecution case, the person of Asian Net Company contacted the complainant for installation of tower at the roof of the house of complainant. The complainant and the said company entered into an agreement and petitioner is alleged to be the witness of the said agreement. When tower was not installed the complainant pressurized for return of security money. Thereafter, one Ram Kumar handed over one

Patna High Court CR. MISC. No.51412 of 2023(2) dt.19-08-2023 2/2 cheque of Rs. 18,000/- which was dishonoured.

4. It is submitted that petitioner is not the author of the cheque in question. Petitioner is not the beneficiaries and he has been made accused in this case simply because he was witness of the agreement. Petitioner claims clean antecedent.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six 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 the learned Judicial Magistrate Ist Class, Hilsa, Nalanda in connection with Complaint Case No. 65(C) of 2011 corresponding to Trial No. 2176 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T