Manoj Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74181 of 2019 Arising Out of PS. Case No.-970 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Manoj Kumar Verma, Son of Late Shambhunath Verma, Resident of Village - Babui Tola, P.S.- Bagaha, District - West Champaran. 2.

Pankaj Kumar Verma, Son of Sri Manoj Kumar Verma, Resident of Village - Babui Tola, P.S.- Bagaha, District - West Champaran. 3.

Gopal Prasad Verma, Son of Sri Manoj Kumar Verma, Resident of Village - Babui Tola, P.S.- Bagaha, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Birendra Patahak, Son of Late Rudranarayan Pathak, Resident of Village - Mastan Tola, Ward No. 19 Bagha, P.S.- Bagaha, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 970 of 2017, disclosing offences under Sections 323, 406, 420, 34 of the Indian Penal Code and Section 138 of N.I. Act.

As per complaint case, petitioner has taken Rs.7 lacs from the complainant and they have given two cheques, but that cheques have been bounced. On demand, they have assaulted the complainant.

Submission of the learned counsel for the petitioners is that almost similar allegation one F.I.R. has already been

Patna High Court CR. MISC. No.74181 of 2019(3) dt.02-12-2019 2/2 lodged, which is annexed as Annexure-6, for which, they have been granted anticipatory bail and on the same allegation, the present case has been lodged. It has further been submitted that as a matter of fact, they have taken Rs.1 lakh, for that, they have given blank cheque out of that Rs.65,000/-, they have returned, which will appear from Annexures- 2 & 3.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M., Bagha, West Champaran, in connection with Complaint Case No. 970 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that they have to co-operate in disposal of the complaint case.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T