Shatrudhan Dubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2739 of 2016 Arising Out of PS.Case No. -1246 Year- 2011 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Shatrudhan Dubey son of Sri Dwarika Dubey, resident of MohallaAdarsh Nagar, Pandra, P.S. Pandra, District- Ranchi (Jharkhand) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sunil Singh, son of Sri Jitendra Prasad singh, resident of village- Bhaw Pokhar, P.S.- Baghaila (Nokha), District- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1246 of 2011 registered under sections 420, 406 of the Indian Penal Code and 138 of the N.A. Act. It has been contended that the cognizance of the offence under Section 138 of the N.I.Act has already been set aside by the Additional Sessions Judge, IV, Sasaram, Rohtas in exercise of power conferred under Section 400 of the Code of Criminal Procedure. It is further contended that the entire allegation made in the complaint is based on oral agreement and there is no documentary proof to support the case that the

Patna High Court Cr.Misc. No.2739 of 2016 (3) dt.12-04-2016 2/2 complainant ever handed over his tractor to the petitioner. On the other, learned counsel for the ComplainantOpposite Party No.2 has opposed the application. He has contended that the petitioner has issued a cheque of Rs.2 lakhs in the name of the complainant which got dishonoured on its presentation.

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Shatrudhan Dubey is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No.1246 of 2011, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T