Hemant Kumar @ Hemant Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72177 of 2019 Arising Out of PS. Case No.-2908 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

HEMANT KUMAR @ HEMANT KUMAR KUSHWAHA Son of Arjun Prasad 2.

Arjun Prasad Son of Late Nagina Prasad Both Resident of Village - Hajiapur, Ward No. 27, P.S.- Gopalganj, Distt - Gopalganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bachha Prasad @ Buchkun Jee Son of Late Nagina Sah Resident of Mohalla - Sonar Toli, P.S.- Siwan Nagar, Distt - Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420/406/467/468/471/465/120B of the Indian Penal Code. According to complaint petition, the complainant had executed registered sale deed in the name of Prince Kumar son of petitioner Arjun Prasad and brother of petitioner Hemant Kumar. Prince Kumar had issued several cheques of consideration money. Out of which three cheques bounced.

Patna High Court CR. MISC. No.72177 of 2019(2) dt.17-01-2020 2/2 Submission is that petitioners were neither witness of the document nor issued the cheques simply for the reason that they are brother and father of Prince, they have been implicated. Considering the facts aforesaid as well as the fact that there is nothing to substantiate that the petitioners are going to tamper with the evidence or abscond the process of law, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Complaint Case No.

2908 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T