Patna High CourtCR. MISC./71878/2019bail granted

Ganesh Kumar Mishra v. The State Of Bihar

2019-12-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71878 of 2019 Arising Out of PS. Case No.-1035 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ganesh Kumar Mishra son of Late Umakant Mishra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioner apprehend his arrest in connection with Complaint Case No. 1035 of 2018 in which cognizance has been taken for the offences punishable under Sections 406, 409, 420, 468, 471, 120B of the Indian Penal Code. The gist of the prosecution case is that the complainant had business terms with the petitioner and in that course, he gave one blank cheque to the petitioner but subsequently, petitioner converted the aforesaid blank cheque into cheque of Rs. 8, 31000/- and presented before the bank but the aforesaid cheque became bounced and, thereafter, petitioner lodged a false complaint case against the complainant.

Patna High Court CR. MISC. No.71878 of 2019(2) dt.18-12-2019 2/2 Annexure-2 to the petition goes to show that the Manager of the petitioner lodged Complaint Case no. 385 of 2017 against the complainant for dishonour of the cheque and after the aforesaid case, the complainant lodged the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Samastipur in Complaint Case no. 1035 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T