Niraj Kumar @ Niraj Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30832 of 2018 Arising Out of PS.Case No. -1738 Year- 2017 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Niraj Kumar @ Niraj Kumar Sinha, son of Satya Narayan Prasad, resident of Mohalla- Rajiv Nagar Road No. 16, P.S.- Rajiv Nagar, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Ranjeet Kumar, son of Late Vishwanath Singh, resident of MohallaMaripur, Main Road, P.S.- Kazi Mohamadpur, District- Muzaffarpur, Proprietor of Rashmi Enterprises.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/ : Mr. Amit Kumar For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2018 Learned counsel for the petitioner is permitted to make necessary correction at paragraph-1 of the main petition in course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 420, 504 and 341 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is submitted that alleged money transaction has been made between

Patna High Court Cr.Misc. No.30832 of 2018 (3) dt.06-09-2018 the co-accused namely, Manish Kumar and Pawan Kumar and the complainant. The cheque in issue which has bounced for an amount of Rs. 1,50,000/- is alleged to have been issued by coaccused namely Pawan Kumar. No transaction is alleged to have been made between the complainant and the petitioner. The petitioner has been made accused due to mistake of fact. The offence is triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 1738 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T