Sidharth Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63873 of 2021 Arising Out of PS. Case No.-868 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== SIDHARTH KUMAR Son of Umesh Sharma Resident of Mohalla - Raili Bazar Ramnagar, P.S. Ramnagar, District - West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Gupta For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 420, 323/34 of the Indian Penal Code and u/s 138 of N. I. Act.
As per the prosecution case, the petitioner issued a cheque of Rs. 3,85,000/- in favour of complainant but when the cheque was presented in the bank the same was bounced on account of insufficiency of fund.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The petitioner never issued any cheque and he has been implicated in this case on false and fabricated ground. The present case has been filed to put undue pressure on the
Patna High Court CR. MISC. No.63873 of 2021(6) dt.20-09-2022 2/2 petitioner and his family members for the purpose of black mailing them.
Learned counsel appearing for the State vehemently opposes the prayer for anticipatory bail and submits that there is direct and specific allegation against this petitioner that he issued a cheque of Rs. 3,85,000/- in favour of complainant but when the cheque was presented in the bank the same was bounced on account of insufficiency of fund.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T