Patna High CourtCR. MISC./33227/2017bail granted

Ajit Kumar Gupta v. State Of Bihar And ANR

2017-11-09Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33227 of 2017 Arising Out of PS.Case No. -946 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Ajit Kumar Gupta, Son of Radheshyam Sah, Resident of Village-Dadawa, Ward no.3, Post-Mohania, P.S.-Mohania, District-Kaimur at Bhabua, at Present address Proprietor Shyam ji Food & Productus, Mohania. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Mahendra Sah, Son of Late Hira Sah, Resident of Village-Mohania, Stuwarganj, Ward No. 07, District-Kaimur at Bhabua. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Complainant/Opposite Party No.2: Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 09-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the complainant/opposite party no.2.

The petitioner apprehends his arrest in connection with Complaint Case No.946 of 2016 registered under Sections 420 and 406 of the Indian Penal Code besides Section 138 of the N.I. Act. Learned counsel appearing on behalf of the petitioner submits that in view of the undertaking, which would appear from the order dated 22.08.2017 passed by a Bench of this Court, the petitioner got prepared the Bank Draft of Rs.1,00,000/-, regarding

Patna High Court Cr.Misc. No.33227 of 2017 (4) dt.09-11-2017 2/2 the issuance of cheque, which is said to be dishonoured, to handover the same to the complainant/opposite party no.2 under protest.

Learned counsel appearing on behalf of the complainant/opposite party no.2 received the aforesaid Bank Draft of Rs.1,00,000/- in favour of the complainant/opposite party no.2 in Court and submits that, now, he has no objection in allowing the prayer of the petitioner for grant of pre-arrest bail. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Complaint Case No.946 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T