Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47661 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Pappu Kumar Son of Late Kalicharan Yadav, Resident of Village-Gangaili Bhiththa Tola, ward no.08, P.S.-K.Nagar, District-Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2019 Heard both sides.

The petitioner apprehends his arrest in UdaKishunganj P.S. Case No.231 of 2018 registered under Sections 341, 447, 323, 504, 420 and 406 of the Indian Penal Code. The informant alleged that he is acquainted with the petitioner, who runs a company in the name of Laxmi Construction. The informant gave Rs.7 lacs to the petitioner. The petitioner is said to have issued different cheques but cheques were dishonoured. It is further alleged that on 05.08.2018 the petitioner and others came to the residence of the informant and assaulted him.

Learned counsel for the petitioner submits that the cheques of the petitioner were missing from the office and the petitioner had already informed the bank for blocking the said cheques in the year 2016 itself, which would appear from

Patna High Court CR. MISC. No.47661 of 2019(2) dt.31-07-2019 2/2 Annexure 3 of the supplementary affidavit. It is further submitted that the informant did not file any complaint petition for taking actions under section 138 of the N.I. Act for bouncing of cheques and the present F.I.R. was lodged making false and frivolous allegation.

Having considered the facts that the petitioner had already informed the bank to block the cheques, which were missing from the office of the petitioner and the petitioner denied to have borrowed any money from the informant, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda-Kishunganj (Madhepura) in connection with Uda-Kishunganj P.S. Case No.231 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T