Md. Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67909 of 2023 Arising Out of PS. Case No.-1505 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md. Gulab S/O Md. Idrish Miya Resident Of Village - Nakchhed Tola, Ward No.-4, P.S- Town Motihari, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Jaan Babu S/O Makshud Ansari R/O Village- Chatiya Tola Math, P.SMalahi, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the State :

Mr. Harendra Prasad For the Complainant :

Mr. Dhananjay Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code and 138 of the N.I. Act.

3. The allegation against the petitioner is that he took Rs. 3,25,000/- from the complainant for executing sale deed in favour of the complainant, later on petitioner denies to sell the land and agreed to return the amount of Rs. 3,25,000/- by cheque. When the complainant presented the said cheque before the Bank, the cheque has been bounced due to closure of the account of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.67909 of 2023(5) dt.19-03-2024 2/2 specific rather general and omnibus in nature. He submits that the learned Court below has taken cognizance against the petitioner under Section 406 of the IPC and Section 138 of the N.I. Act. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that cognizance has been taken by the Court below under Section 406 of I.P.C. and Section 138 of N.I. Act, let the above named petitioner, be released on bail, 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 Complaint Case No. 1505 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T