Patna High CourtCR. MISC./21116/2015bail granted

Shambhu Kumar Gupta v. State Of Bihar And ANR

2015-07-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21116 of 2015 Arising Out of PS.Case No. -213 Year- 2014 Thana -BIHRA District- SAHARSA ====================================================== Shambhu Kumar Gupta son of Mangal Prasad Gupta, Resident of villagePatori, P.s.- Bihra, District- Saharsa .... .... Petitioner

Versus

1. The State of Bihar

2. Santosh Kumar son of Lalan Choudhary Resident of village- Patori, P.S.- Bihra, District- Saharsa .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pawan Kumar, Advocate. For the Opposite Parties : Mr. Smt. Madhuri Lata(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 420, 406 and 120 (B) of the I.P.C and section 138 of the N.I. Act. At the very out set the learned counsel for the petitioner submits that as alleged the petitioner has taken Rs. 50,000/- from the complainant and the said amount was to be returned in July, 2014 but the petitioner failed to return the same and as such without admitting the claim of the complainant the petitioner wants to deposit the said amount of Rs. 50,000/- within four weeks from the date of receipt/production of a copy of this

Patna High Court Cr.Misc. No.21116 of 2015 (2) dt.16-07-2015 2/2 order in the court below through the Bank draft payable to the complainant and as such on this undertaking the petitioner may be granted privilege of pre-arrest bail, to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, in case the petitioner deposits Bank draft of Rs. 50,000/- payable to the complainant within four weeks from the date of receipt/production of a copy of this order and surrenders in the court below then the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Saharsa in Bihra P.S. Case No. 213 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T