Neeraj Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66272 of 2019 Arising Out of PS. Case No.-1125 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== NEERAJ KUSHWAHA Son of Ram Naresh Prasad Resident of Village - Mathiya, P.S.- Keshariya, Dist.- East Champaran. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Anand Kishore Sharma Son of Ram Paras Sharma Resident of Village - Lohargaon, P.S.- Keshariya, Dist.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Tondon For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. C-1125/17, disclosing offences under Sections 420 of the Indian Penal Code and Section 138 of the N.I.Act.
As per complaint petition, there is allegation against the petitioner that he has taken Rs. Two Lakhs from the complainant and issued five cheques to him, which were bounced on presentation before bank and cognizance has been taken under Section 420 of the IPC and Section 138 N.I. Act. Submission of learned counsel for the petitioner is that he has earlier lodged a case against the complainant for commission of theft of cheques.
Patna High Court CR. MISC. No.66272 of 2019(2) dt.23-10-2019 2/2 Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of materials available on record as well as after considering the above submission of learned counsel for the petitioner, if possible on same day, without being prejudiced by this order.
This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T