Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69569 of 2021 Arising Out of PS. Case No.-111 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== AJAY KUMAR Son of Late Kashi Nath Chaudhary Resident of Village - Jathau Barari Tola, Banarsh Patti, Police Station - Industrial Area, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Prasad, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2022 Heard Mr. Subodh Kumar, learned counsel for the petitioner, Mr. Mukesh Kumar, learned APP for the State and Mr. Mukesh Kumar, learned counsel for the Informant. Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Industrial Area P.S. Case No. 111 of 2021 for the offences under Sections 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.
At the outset, Mr. Subodh Prasad, learned counsel for the petitioner fairly submits that without accepting the allegation that has been levelled in the FIR, the petitioner voluntarily has decided to handover the demand draft of Rs. 85,000/- in favour
Patna High Court CR. MISC. No.69569 of 2021(3) dt.25-05-2022 2/3 of the informant, Upendra Chaudhury vide DD Number 000062 issued by the HDFC Bank, Hajipur dated 24.05.2022. Learned counsel for the Informant on instruction has decided to accept the said Account Payee Demand Draft and has put his signature as a token of having received the said demand draft.
Let the photo copy of the Demand Draft duly signed by both the counsel for the petitioner as also the informant be kept on record.
In the present FIR, the informant has alleged that the petitioner wanted to sale his land to perform the marriage of his daughter and after negotiation he had paid Rs. 85,000/-. As he failed to execute the sale deed, the money was demanded, a cheque was issued, which was dishonored and accordingly after following due procedure of law, the FIR was registered. Considering the fact that the petitioner on his own returned the alleged money in favour of the informant vide account payee demand draft of Rs. 85,000/- in favour of the informant issued by the HDFC Bank, Hajipur dated 04.05.2022, he has no criminal antecedent, is in jail since 14.09.2021 (as stated in paragraph-8 of the bail application), this Court is inclined to grant him the privilege of bail.
Patna High Court CR. MISC. No.69569 of 2021(3) dt.25-05-2022 3/3 Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 111 of 2021.
(Rajiv Roy, J) Jagdish/- U T