Rajesh Kumar Chauhan @ Rajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42496 of 2015 Arising Out of PS.Case No. -513 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Kumar Chauhan @ Rajesh Kumar S/o Mohan Lal, resident of Mohalla- Tin Laltain Chowk, P.S. Bettiah Town, District West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Shah Mohammad S/o Late Shahid Quraishi, resident of Mohalla Tin Laltain Chowk, Bettiah Town, P.S. Bettiah Town, District West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Arun Kr. Pandey , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Bettiah Town P. S. Case No. 513 of 2015 registered under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

It is contended that even if the entire allegation made in the FIR is believed to be true, the same would not attract the ingredients of the offence punishable under Sections 406 and 420 of the Indian Penal Code. At best, a case under Section 138 of the Negotiable Instruments Act would be made out which is

Patna High Court Cr.Misc. No.42496 of 2015 (2) dt.13-10-2015 2/2 bailable in nature.

On the other hand, learned counsel for the informant has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. He has submitted that there is a clear allegation that due to old acquaintance, the petitioner demanded Rs.27.5 lakhs from the informant in the name of investment in business. However, on demand, he failed to repay the amount and issued several cheques. On being presented a cheque issued by the petitioner for an amount of Rs.3 lakh, got dishonoured due to insufficiency of fund.

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in Bettiah Town P. S. Case No. 513 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T