Amit Kumar Jaishwal @ Monu Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39516 of 2015 Arising Out of PS.Case No. -3132 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Amit Kumar Jaishwal @ Monu Kumar Son of Shambhu Prasad Resident of Mohalla - Rambagh Chouri, P.S. - Mithanpura, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Manoj Kumar Choudhary S/o Sri Jaimangal Choudhary Proprietor of M/s Sri Mahavir Synthetic, Hira Market, Agent Lane, Mohalla - Suttapatti, P.S. - Town, District - Muzaffarpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : M/s N.K.Agarwal, Sr. Advocate and Dhananjaya Nath Tiwari, Advocate For the State : Mr. Dr. Ajit Kumar(App) For the Opposite Party no.2 : Mr. Avanish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 18-04-2016 I have heard learned counsel for the petitioner, the State and the opposite party no. 2.

The petitioner apprehend his arrest in a case registered for offences punishable under Sections 406 of the Indian Penal Code and 138 of N.I. Act.

As per allegation the petitioner took clothes of amount of more than Rs. three lacs on credit with a promise to

Patna High Court Cr.Misc. No.39516 of 2015 (7) dt.18-04-2016 2/3 pay back the money after selling the cloth but the same was not retuned. But on persuasion he had given a cheque of Rs. two lacs which has bounced.

Learned counsel for the petitioner submits that he is ready to pay the cheque amount in instalments. Having regard to the facts and circumstances of the case, let the petitioner, namely, Amit Kumar Jaishwal @ Monu Kumar be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Complaint Case No. 3132 of 2013, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar Jha, Judicial Magistrate, 1st Class, Muzaffarpur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure with a further condition that at the time of furnishing bail bond the petitioner would deposit Rs.

50,000/- before the court below and, thereafter, the petitioner will deposit rest amount at monthly instalment of Rs. 25,000/-. Total amount should be deposited within a period of six months in court below in form of cash. The complainant would be at liberty to withdraw the same.

Patna High Court Cr.Misc. No.39516 of 2015 (7) dt.18-04-2016 3/3 may take during course of trial.

It is made clear that if the petitioner fails to deposit the subsequent amount then the court below would take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Spd/- U T