Sanjay Kumar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.19849 of 2017 (4) dt.02-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19849 of 2017 Arising Out of PS.Case No. -258 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Sanjay Kumar Singh, Son of Rajendra Kumar Singh, Resident of VillagePanchbhirwa, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 258 of 2016, registered under Sections 403, 408, 420, 465, 467, 468, 471, 379 and 506 of the Indian Penal Code.
The accusation is that the informant being the contractor engaged to one Harendra Prasad Singh and handed over the blank cheques to Harendra Prasad Singh for withdrawing the money to pay to wages of the labourers. Thereafter, Harendra Prasad Singh informed to the informant about missing of the cheques and the informant had also given information to the police station about the said facts. Later on, informant came to know that Harendra Prasad Singh and this petitioner had submitted the aforesaid cheques in the Bank for encashment, which was
Patna High Court Cr.Misc. No.19849 of 2017 (4) dt.02-08-2017 dishonoured. The informant further came to know that the cheque was not missed but the same was cancelled by Harendra Prasad Singh.
Learned counsel for the petitioner submits that, in fact, informant was the contractor but due to crisis of the money he asked to Harendra Prasad Singh to invest the money with the agreement that the benefit will be divided. Later on, Harendra Prasad Singh and this petitioner invested the money in the contract work but the informant did not deposit the cheques as received in the joint account and issued cheque to the petitioner to withdraw their share in the benefit, which was dishonoured but only to give undue pressure the present case has been lodged with false allegation.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 258 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T