Patna High CourtCR. MISC./58011/2017bail granted

Nawal Kishore Prasad v. The State Of Bihar

2017-12-14Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58011 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nawal Kishore Prasad Son of Late Surendra Prasad Resident of Mohalla Chota Bariyarpur, P.S. Chatauni, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Chhatauni P.S. Case No.158 of 2017, registered under Sections 420 and 406 of the Indian Penal Code as well as under Section 138 of the N.I. Act.

Allegation in brief is that the informant gave friendly loan of Rs.15,00,000/- to the petitioner for the purpose of education of his son and construction of his house, petitioner promised to return it back and issued a cheque of Rs.15,00,000/- which got bounced, even the signature put on the cheque does not tally with his signature.

Learned counsel for the petitioner submits that the petitioner is the next door neighbour of the informant, it is

Patna High Court Cr.Misc. No.58011 of 2017 (2) dt.14-12-2017 2 /2 unbelievable that anyone will give amount of Rs.15,00,000/- without any chit of paper, in fact the petitioner had taken a friendly loan of Rs.50,000/- and had given a cheque in security and the same was misused, the petitioner is in custody since 07.10.2017, he has clean antecedent and he is a lawyer by profession.

Learned counsel for the informant submits that the cheque issued was of Rs.15,00,000/- whereas the limit was only of Rs.50,000/- and even the petitioner has changed his signature on the cheque.

Having considered the said facts and circumstances, let petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No.158 of 2017.

(Arun Kumar, J.) S.Kumar/- U T