Vikash Kumar @ Bikash Kumar v. The Sate Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 49134 of 2019 Arising Out of PS. Case No.-648 Year-2015 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== VIKASH KUMAR @ BIKASH KUMAR (Male), aged about 38 years, Son of Parmanand Saw @ Parmanand Rai, Resident of Village - Chakia Near Durga Asthan, P.S.- Chakia, District - Begusarai. ... ... Petitioner/s

Versus

1.

THE SATE OF BIHAR 2.

Anil Kumar Sharma, Son of Ram Khelawan Mistri Resident of Panjabi Mohalla, P.S. and Dist.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Md Irshad, Advocate For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner, Opposite Party No 2 and the learned APP for the State. Petitioner apprehends arrest in a case registered under Sections 420, 406 of Indian Penal Code and Section 13 of Negotiable Instruments Act.

It is submitted by the learned counsel for Opposite Party No 2 that since the petitioner, as per averments recorded in earlier order dated 06.08.2019, is willing to return the amount (Rs 75,000/-) for which the cheque was dishonoured, he does not have any objection to grant of anticipatory bail to the petitioner. Learned counsel for the petitioner agrees that he would be handing over a demand draft to ensure payment of the

Patna High Court CR. MISC. No.49134 of 2019(3) dt.16-11-2019 2/2 amount agreed, as recorded hereinabove, at the time of surrender.

In view thereof and ensure the same, the petitioner may surrender in the Court below within four weeks from today and if he does so he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in Complaint Case No 648C of 2015 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U