Dr. Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47882 of 2019 Arising Out of PS. Case No.-831 Year-2017 Thana- HAJIPUR District- Vaishali ====================================================== DR. LAL BABU SINGH Son of Late Ramdeo Singh Resident of Village - Mataiya, P.O.- Madhopur, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ram Chandra Ray Son of Late Raj Ballav Ray Resident of Village - Chiknauta (Jarua), P.O.- Hazipur, P.S.- Nagar Hazipur, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420 and 406 of the IPC and Section 139 of the N.I. Act.

It is alleged by the informant that the petitioner took loan of Rs. 5,00,000/- from the informant for starting a nursing home and nurse training centre. Subsequently, the petitioner gave a cheque of Rs. 73,000/- to the informant, which got dishonoured. It is further alleged that subsequently the petitioner also gave four cheques worth Rs. 4,50,000/-, which also got dishonoured. It is submitted by learned counsel for the petitioner that the

Patna High Court CR. MISC. No.47882 of 2019(2) dt.01-08-2019 2/2 petitioner was the employee of the informant and certain blank cheques have been misused by the informant. It is further submitted that under the N.I. Act, only complaint case is maintainable, but maliciously the present FIR has been lodged. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner named in the FIR with specific accusation.

Considering the accusation arising out of the dispute with regard to loan amount, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Hajipur (Vaishali) in connection with Hazipur Nagar P.S. Case No. 831 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T