Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68774 of 2023 Arising Out of PS. Case No.-348 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mritunjay Kumar Son of Ramanand Singh, R/o vill - Ramnagar, P.S. - Pipariya, Distt. - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate.

For the State :

Mr. Nirmal Kumar Sinha, APP.

For the Informant :

Mr. Binay Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No.348 of 2023, registered for the offences punishable under Sections 420, 406 of the Indian Penal Code read with Section 138 of Negotiable Instrument Act.

3. As per the prosecution case, the petitioner had taken Rs.22,00,000/- in four installments from the informant on the promise that he shall register the sale deed of his property and when the said transaction was not done by the petitioner then he issued cheque of Rs.22,00,000/- in favour of the informant but the same was dishonored thereafter informant has filed the F.I.R. under Section 420 & 406 of I.P.C. read with Section 138 of N.I. Act.

Patna High Court CR. MISC. No.68774 of 2023(3) dt.30-01-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has not taken any amount from the informant and his cheque was misplaced and in this regard he has given information to the concerned Bank. He also submits that petitioner has no criminal antecedent, he is in custody since 22.07.2023 and charge sheet has already been submitted in this case.

5. Learned APP for the State and learned counsel for the informant has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No.348 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T