Patna High CourtCR. MISC./48248/2017bail granted

Arjun Prasad v. State Of Bihar And ANR

2017-10-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48248 of 2017 Arising Out of PS.Case No. -15 Year- 2016 Thana -AMAS District- GAYA ====================================================== Arjun Prasad, Son of Doman Singh, Resident of Village - Itanwa, P.S. - Gurua, District - Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Anchhi Devi, W/o Late Kedar Sao Resident of Village - Mahuama, P.S. - Amas, District - Gaya.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Mahtab Alam, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-10-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. The petitioner seeks pre-arrest bail in connection with Amas P.S. Case No. 15 of 2016 registered under Sections 419, 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

It is submitted by the learned counsel for the petitioner that the ingredients of the offences punishable under Sections 419 and 420 of the Indian Penal Code are not attracted

Patna High Court Cr.Misc. No.48248 of 2017 (2) dt.17-10-2017 in the present case. He submitted that so far as Section 138 of the Negotiable Instruments Act is concerned, the same is bailable in nature.

Learned counsel for the complainant has vehemently opposed the application for grant of pre-arrest bail to the petitioner.

Having heard the parties, 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 Judicial Magistrate-1st Class, Sherghati at Gaya in connection with Amas P.S. Case No. 15 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C.

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