Patna High CourtCR. MISC./2859/2015bail granted

Keshaw Kumar Kesari @ Kesaw Kr. Kesari v. The State Of Bihar

2015-01-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2859 of 2015 Arising Out of PS.Case No. -227 Year- 2013 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Keshaw Kumar Kesari @ Kesaw Kr. Kesari son of Sitaram Prasad resident of village Sitalpur, Police Station Chakiya, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Originally, informant filed complaint case which was converted into Kotwa P.S.Case No. 227 of 2013 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and 138 of Negotiable Instrument Act. According to prosecution case itself, the petitioner gave cheque of Rs. 6 lacs to the informant on 02.01.2011 and the aforesaid cheque was presented before the concerned Bank on 09.04.2011 and thereafter the aforesaid cheque bounced on 28.04.2011 due to insufficient money in the concerned account and thereafter near about after two years the informant gave notice

Patna High Court Cr.Misc. No.2859 of 2015 (2) dt.21-01-2015 2/2 to the petitioner and filed complaint Case No. 1805-C of 2013 which was converted into the above stated police case. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in Kotwa P.S.Case No. 227 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U