Mahesh Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66900 of 2018 Arising Out of PS. Case No.-1289 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Mahesh Paswan, aged about 50 years, S/o Late Shri Paswan, R/o VillageSimari Bakhtiarpur, Post Office- Gali (Kanu Tola), P.S.- Simri Bakhtiarpur, District- Saharsa.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Mithilesh Kumar, Son of Late Madan Sah, R/o Village- Kharagpur, P.S.- Sonbarsa Katchari, District- Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Complaint Case No. 1289/2018 for the offence under Sections 441, 323 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.

Prosecution case arises out of dishonour of the cheque issued by the petitioner. Learned counsel appearing for the petitioner with reference to paragraph-7 of the application undertakes to return the entire cheque amount by three monthly instalments.

Considering the aforesaid and also the fact that the petitioner has no criminal antecedent, this application is

Patna High Court Cr.Misc. No.66900 of 2018(2) dt.17-12-2018 2/2 allowed. Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to 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 the Addl. Chief Judicial Magistrate II, Saharsa in connection with Complaint Case No. 1289/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that in case of failure on the part of the petitioner to deposit the aforesaid amount in three monthly instalments, liberty shall be available to the court below to cancel the bail bonds.

(Anil Kumar Upadhyay, J) mrl./- U T