Shyam Sundar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21022 of 2016 Arising Out of PS.Case No. -61 Year- 2014 Thana -KINJAR District- JEHANABAD ====================================================== Shyam Sundar Pandey son of Sri Shyam Bihari Pandey, resident of villageArai, P.S.- Daudnagar, District- Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner.

Despite repeated calls, none appears for the State. The petitioner seeks pre-arrest bail in connection with Kinjer P.S. Case No. 61 of 2014 registered under Sections 406 and 420 of the Indian Penal Code and 138 of the Negotiable Instruments Act.

It is contended by learned counsel for the petitioner that the ingredients of offences punishable under Section 138 of the Negotiable Instruments Act, Sections 406 and 420 of the Indian Penal Code are not attracted in the present case. It is further contended that no notice demanding money from the petitioner after the dishonor of cheque was ever sent or served to the

Patna High Court Cr.Misc. No.21022 of 2016 (3) dt.23-05-2016 2/2 petitioner.

Regard being had to the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with the Kinjer P.S. Case No. 61 of 2014 subject to the condition as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Kanchan/- U T