Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75542 of 2019 Arising Out of PS. Case No.-3637 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAHUL SINGH Son of Rajendra Prasad Singh Resident of 41, Kamla Apartment, Road No.-10, East Patel Nagar, Police Station- Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vivek Anand Son of Ramanand Mandal Resident of Rajiv Nagar, Road no.24, Keshri Nagar, Near Shiv Mandir, P.S.- Rajiv Nagar, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar Singh, Adv For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406,420 of the Indian Penal Code and 138 of N.I.Act. According to complaint based allegation, the complainant was in business relation with the petitioner rather he was in a partnership with the petitioner which would be evident from the statement on oath of the complainant. Allegation is that the complainant had advanced Rs. Twenty Lacs on the request of the petitioner. After some times, when petitioner did not return the money, the petitioner executed a paper in June, 2017 disclosing his undertaking to return the

Patna High Court CR. MISC. No.75542 of 2019(2) dt.03-12-2019 2/2 money. Later on two cheques issued by the petitioner bounced. The entire allegation does not disclose dishonest and fraudulent intention of the petitioner at the inception of the agreement. Learned counsel for the complainant opposed the prayer for anticipatory bail.

Considering the entire facts of this case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with 3637(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T