Santosh Kumar Bhartiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80070 of 2018 Arising Out of PS. Case No.-336 Year-2017 Thana- BARGAINIA District- Sitamarhi ====================================================== Santosh Kumar Bhartiya S/o Yugal Kishore Bhartiya R/o-Ward No.11, Lohapatti, Chakmahila, P.S-Sitamarhi, Distt.-Sitamarhi, proprietor of Sumit Sari Bhandar, Sitamarhi, P.S-Sitamarhi, Distt.-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2019 Heard both sides.

Petitioner apprehends his arrest in Bairgania P.S. Case No.336 of 2017 registered under Sections 323, 504, 406 and 420 of the Indian Penal Code.

The informant, a cloth shop owner, alleged that he used to take Sarees from the shop of the petitioner. The informant gave different cheques to the petitioner on assurance to deposit the same after sometime so that the informant may deposit sufficient amount in his account. It is alleged that the petitioner took cash of Rs.1,50,000/- but did not return the cheque issued earlier in favour of the petitioner. Learned counsel for the petitioner submits that the petitioner did not receive any cash from the informant and

Patna High Court Cr.Misc. No.80070 of 2018(2) dt.11-01-2019 2/2 informant wanted to misappropriate the money of the petitioner. There appears that some dispute arose during business transaction. The petitioner denied to have received any cash amount in lieu of cheque earlier issued by the informant. Having considered the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Bairgania P.S. Case No.336 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T