Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69265 of 2022 Arising Out of PS. Case No.-128 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== BRAJESH KUMAR S/O LATE KRISHNA SINGH Resident of villageNimsar, P.S.- Alipur District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DILIP KUMAR @ DILIP SHARMA S/O LATE HARIDWAR SHARMA Resident of village- Makdumpur, P.S.- Alipur and District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Complaint (G) Case No.128 of 2018, in which cognizance has been taken for offence registered under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. The allegation against the petitioner is to witnessing the agreement through which the financial transaction alleged to be taken place between the complainant and drawer of the

Patna High Court CR. MISC. No.69265 of 2022(2) dt.01-05-2023 2/2 cheque, namely, Satyendra Kumar, which later on alleged to be dishonoured.

Learned counsel appearing on behalf of the petitioner submitted that allegation against this petitioner is limited and to the extent that he is a witness of agreement. While concluding the argument, it is submitted that the petitioner is a man of clean antecedent.

Learned APP for the State, opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as allegation against the petitioner is limited to witness the agreement only, let above named petitioner, in the event of his arrest or surrender before learned court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya /concerned Court, where the case is pending in connection with Complaint (G) Case No.128 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T