Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66559 of 2021 Arising Out of PS. Case No.-529 Year-2021 Thana- NAGAR District- Vaishali ====================================================== NAGENDRA KUMAR, Son of Late Raghuni Singh, Resident of Village - Lodipur, P.S.- Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Hajipur Town P. S. Case No. 529 of 2021, G.R. No. 3570 of 2021 instituted for the offences under Sections 406, 420/34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 20.09.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that Awadhesh Kumar had deposited a cheque of Rs. 8,00,000/- (eight lac) issued by the petitioner on 31.03.2021, further the amount was credited in his account but the cheque was sent for verification to CPPC, Patna, SBI, further on 03.04.2021 the informant received information that the cheque has bounced for insufficiency of fund, further Awadhesh Kumar on 03.04.2021 itself had transferred Rs. 1,00,000/- (one lac) through UPI and issued a cheque of Rs.

Patna High Court CR. MISC. No.66559 of 2021(2) dt.12-04-2022 2/3 7,00,000/- (seven lac) in favour of Saurabh which was also credited in his account. Further, Awadhesh was intimated about the facts immediately and thereafter he was intimatedin writing on 07.04.2021 but he remained silent and did not return the amount. Thus, alleges that Awadhesh Kumar who is a generator operator in Allahabad Bank, R.N. College, Branch, Hajipur committed cheating in connivance with Saurabh Kumar and Nagendra Kumar.

Learned counsel for the petitioner submits that petitioner has been falsely implicated and no recovery of amount was made from possession of the petitioner. Learned counsel for the petitioner submits that petitioner had issued a cheque in favour of Awadhesh Kumar and he deposited the said cheque in his own account and the bank without getting the cheque verified credited the amount in the account of Awadhesh Kumar and thereafter Awadhesh Kumar transferred Rs. 1,00,000/- (one lac) through UPI and further issued cheque of Rs. 7,00,000/- (seven lac) in favour of Saurabh Kumar which was also encashed.

Learned counsel for the petitioner thus submits that it absolutely does not stand to reason that when the bank had sent the cheque issued by the petitioner for verification, then why the said amount was credited in the account of Awadhesh Kumar prior the verification and if the amount was credited in the account of Awadhesh Kumar then why the bank allowed the cheque issued by Awadhesh Kumar in favour of Saurabh Kumar to be encashed when the verification report CPPC, Patna, SBI was not received till then.

Learned counsel for the petitioner submits that admittedly from perusal of the allegation as alleged in the FIR,

Patna High Court CR. MISC. No.66559 of 2021(2) dt.12-04-2022 3/3 it appears that it was the bank authority in connivance with Awadhesh Kumar and Saurabh Kumar committed the fraud. Learned counsel for the petitioner submits that it appears that even the police investigates the case mechanically. Learned counsel for the petitioner further submits that it absolutely does not stand to reason that if a person has issued a cheque how can he be implicated in a case under Section 420 of the IPC when the bank without verification encashes his cheque and allow the person in whose favour the cheque were issued to further transfer the amount. It is further submitted that the petitioner is not a beneficiary. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 20.09.2021, charge-sheet has been submitted in this case and he is a person with clean antecedent, the petitioner, abovenamed, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 529 of 2021, G.R. No. 3570 of 2021.

Let a copy of this order be sent to the Superintendent of Police, Hajipur for perusal.

(Satyavrat Verma, J) khushbu/- U T