Vighnesh Bhagat @ Bignesh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55113 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- RUDRAPUR District- Madhubani ====================================================== VIGHNESH BHAGAT @ BIGNESH BHAGAT S/O RATNESHWAR BHAGAT Resident of Village- Tarapatti, P.S.- Andhrathardhi, DistrictMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner, informant and the State.
The petitioner apprehends his arrest in connection with Rudrapur P.S. Case No. 128 of 2021 for the offence registered under Sections 341, 323, 504, 506, 420 and 406/34 of the Indian Penal Code and Section 138 of the N.I. Act. As per the prosecution story, the informant alleged that the petitioner is proprietor of Farmer Organi Seeds Farm, Madhubani who took Rs. 1,67,000/- for purchase of seeds and in token thereof submitted three cheques of the same amount but the same was dishonored due to insufficient fund. As he chose not to return the money, the FIR was lodged. Learned counsel for the petitioner at the outset
Patna High Court CR. MISC. No.55113 of 2022(2) dt.18-01-2023 2/3 submits that the fact remains that subsequently, the amount was returned but they failed to take back the cheques which have been misused but further to end the bad blood, submits that he is ready to pay back Rs. 1,67,000/- in three instalments. Taking into account the fair submissions put forward by the learned counsel for the petitioner to which learned counsel for the informant also agrees and further the petitioner do not have criminal antecedent, this Court is inclined to grant him privilege of anticipatory bail, subject to payment of Rs. 50,000/- at the time of executing the bail bond. He will further be paying the next instalment of Rs. 50,000/- by 10th of March, 2023 and the last instalment of Rs. 67,000/- by 30th April, 2023. If he fails to abide by the undertaking given in the present case, the informant will be free to take steps for cancellation of his bail bond.
Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No. 128 of 2021, subject to condition
Patna High Court CR. MISC. No.55113 of 2022(2) dt.18-01-2023 3/3 as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/Neha - U T