Anup Chouhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11144 of 2018 Arising Out of PS. Case No.-2918 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Anup Chouhan, Son of Late Rajbir Chouhan, Flat No. 141, Maruti Kunj, Bhodsi, Post Office and Police Station- Bhodsi, Tahsil- Sona, DistrictGurgaon, Haryana- Sona, District- Gurgaon, Haryana- 122102, Home Address- Village- Ranila Bas, House No. 389, Shanti Kunj, Post Office and Police Station- Bandkala, District- Bhiwani (Haryana). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Shailendra Kumar, S/o Sri Bhajwan Singh, R/o House No. D/49 P.C. Colony, P.S.- Kankarbag, Distt- Patna, Proprietor of Masaurhi Service Station H/Q D/49 P.C. Colony, P.S. Kankarbag, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Complaint Case No. 2918 (C) of 2013 instituted for the offence under Sections 406 of the IPC and 138 N.I. Act.

Counsel for the petitioner has submitted that he has issued a blank cheque to the complainant which was misused. Learned counsel for the complainant has submitted that bearer copy of cheque shows the name of Masaurhi Service Station and the signatory of aforesaid cheque has signed on behalf of the Mahima Travels. Two cheques have been issued by

Patna High Court Cr.Misc. No.11144 of 2018(3) dt.30-03-2018 2/2 the petitioner to the complainant in respect of dues amount of the fuel but it was not encashed.

Learned counsel for the petitioner has submitted that the case is of the year 2014 and process under Section 83 Cr.P.C. has also been issued against this petitioner. In such circumstances, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law and disposed off, without being prejudiced by this order. (Sanjay Priya, J) khushbu/- U T