Sanjay Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2995 of 2017 Arising Out of PS.Case No. -1027 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Sanjay Kumar Jha, son of Bhola Nath Jha, resident of Mohalla Ekta Nagar, Bairiya, P.S. Ahiyapur, District Muzaffarpur .... Petitioner

Versus

1. The State of Bihar

2. Ganesh Chauhan S/o Basudeo Pd. Chauhan Mohalla - Garibsthan, P.S. Sadar, Distt. Muzaffarpur .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Binay Kumar Singh, Adv. For the Opposite Parties : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 406, 420 and 323 of the Indian Penal Code. The complainant had advanced loan to this petitioner. When the complainant demanded refund of the amount, the petitioner allegedly committed assault.

Submission of the petitioner is that each and every non-refund of loan does not come within the purview of cheating unless there is material to show that at the time of entering into initial agreement the petitioner had dishonest intention. Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1027 of 2014 (Tr. No. 1873 of 2016) to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √