Mukesh Kumar @ Mukesh Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72572 of 2023 Arising Out of PS. Case No.-759 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== Mukesh Kumar @ Mukesh Kumar Goswami S/O- Vijay Goswami VillageJanakpur Ps- Mufassil Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that petitioner and the informant are partners in the company Bodhgaya Milk Product Ltd. Both parties are invested money in the same company. Some losses occurred in the company due to Covid-19 pandemic. Petitioner has given a cheque of Rs. 5 lacs which got bounced but no complaint has been filed against the petitioner under Section 138 of the N.I. Act. The petitioner is ready to return the said amount in the installments. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Patna High Court CR. MISC. No.72572 of 2023(2) dt.01-12-2023 2/2

4. Learned APP for the State opposes the prayer for bail of the petitioner.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of nine months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Civil Lines P.S. Case No. 759 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. The learned court below is directed to confirm the bail bond of the petitioner after verifying the fact that petitioner has already paid the said amount i.e. 5,00,000/- to the informant.

7. Learned counsel for the informant is directed to furnish the account details of the informant to the petitioner. (Anjani Kumar Sharan, J) annpurna/- U T