Patna High CourtCR. MISC./51516/2023bail granted

Dinesh Gupta v. The State Of Bihar

2023-08-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51516 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== DINESH GUPTA Son of Mahadev Sah Resident of village - Teteria, P.S. - Rajepur, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2023 Heard learned counsel for the parties.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406/ 420 of the Indian Penal Code.

3. As per prosecution case, this petitioner issued cheques of Rs. 11 lacs which got dishonoured and bounced.

4. It is submitted that petitioner is ready and willing to deposit Rs. 11,000,00/- through bank draft in installments. Rest of the amount claimed by O.P. No.2 is disputed by the petitioner.

5. Considering the facts of the case, nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.51516 of 2023(2) dt.19-08-2023 2/2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, East Champaran, Motihari in connection with Rajepur PS case No. 107/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C., in the light of following terms and conditions:- (i) At the time of furnishing bail bond Rs. 2,00,000/- shall be deposited through bank draft in the name of O.P. No.2. (ii) Rest amount of Rs. 9,00,000/- shall be deposited in five equal installments through bank draft in the name of O.P. No.2 within a period of one year.

(iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

6. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

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