Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19641 of 2018 Arising Out of PS.Case No. -84 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Mithilesh Kumar Son of Sri Chandradeo Yadav Resident of VillageEkaniya, P.S. Mansi, District- Khagaria. .... .... Petitioner
Versus
1. The State of Bihar
2. Alok Sharma, son of Sri Nirmal Sharma, resident of village Chak Husaini, P.S. Mansi, Dist. Khagaria .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2018 Petitioner apprehends his arrest in connection with Mansi P.S.Case No. 84 of 2015 registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.
Allegation against the petitioner is that he has taken J.C.B. machine on hire basis from the complainant and cheque for Rs.5 lakhs was issued but that bounced.
Submission of learned counsel for the petitioner is that as a matter of fact there was some due with the complainant and he is ready to pay the amount.
Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating
Patna High Court Cr.Misc. No.19641 of 2018 (3) dt.22-06-2018 2/2 that in the year 2015 prayer for anticipatory bail of the petitioner was rejected by learned Sessions Judge with a direction to surrender and pray for regular bail but he has not surrendered. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. Let petitioner surrender within a period of six weeks from the receipt of this order and ready to deposit the amount in instalment and learned court below will consider his prayer for bail.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T