Rajendra Singh @ Rajendra Choudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39163 of 2018 Arising Out of PS.Case No. -1345 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Rajendra Singh @ Rajendra Choudhari, son of late Asmuni Singh, resident of village- Patadhi, P.S. Shivsagar, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.1345 of 2015 instituted for the offence under Section(s) 420 Indian Penal Code and Section 138 of the Negotiable Instruments Act.

Counsel for the petitioner submits that there is allegation that the petitioner and others had assembled at the door of the Complainant for sale and purchase of paddy. It is specifically alleged in the Complaint Petition that co-accused Niladri Gupta gave cheque of Rs.54,912/- to the Complainant, which was deposited in the Bank for encashment, but the same has bounced.

Counsel for the petitioner submits that petitioner has been made accused in other case(s) of similar nature and in one

Patna High Court Cr.Misc. No.39163 of 2018 (2) dt.05-07-2018 2/2 of such case he has been granted anticipatory bail by this Court by order dated 14.11.2017 passed in Cr. Misc. No.52518 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.1345 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T