Patna High CourtCR. MISC./26621/2015bail granted

Anil Kumar v. The State Of Bihar

2015-06-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.26621 of 2015 (2) dt.23-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26621 of 2015 Arising Out of PS.Case No. -401 Year- 2013 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Anil Kumar son of Late Krishna Singh, resident of village Bishunpura, P.S. Bihta, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.06.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Madhubani Town P. S. case no. 401/2013 registered under sections 406, 420 of the Indian Penal Code and 138 of the N.I. Act. Admittedly, petitioner being mill owner entered into an agreement with State Food Corporation for supplying custom milled rice in lieu of paddy supplied to the mill but according to the prosecution case, petitioner did not supply rice nor made payment of paddy and furthermore, also issued cheque which became bounced. Learned counsel for the petitioner submits that for almost similar cause, two cases were lodged, One case was lodged as Madhubani Town P. S. case no. 401/2013 whereas another case was lodged as Madhubani Town P. S. case no. 32/2014 and in Madhubani Town P. S. case no. 32/2014, petitioner has already been admitted to

Patna High Court Cr.Misc. No.26621 of 2015 (2) dt.23-06-2015 anticipatory bail by a coordinate bench of this court vide order dated 4.6.2015 passed in Cr. Misc. no. 25809/2015.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Madhubani Town P. S. case no. 401/2013 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T