Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20342 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -BUDDHACOLONY District- PATNA ======================================================
1. Karan Kumar S/o Rana Uday Singh, R/o Flat No. 502, Vimalachal Apartment , Shyam Mandir, P.S.- Bahadurpur, District- Patna, State- Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Sri Nagendra Prasad For opposite party no. 2 : Mr. Ashar Mustafa ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Budha Colony P.S. Case No. 20/2018, registered for offences punishable under Sections 406, 420, 504, and 506 of the Indian Penal Code as well as Section 138 of the N.I. Act. Allegation against the petitioner that he took Rs. 11, 50,000/- as loan from the informant to return the same within six months but petitioner did not return the same, thereafter, he gave a cheque of above stated amount of Rs. 11,50,000/-, which was dishonored by the bank on presentation.
It has been submitted on behalf of the petitioner that there is no compliance of Section 138 of the N.I.A. Act and prosecution case is false and concocted and the alleged cheque has forcibly been taken by the informant.
Patna High Court Cr.Misc. No.20342 of 2018 (4) dt.15-05-2018 2/3 Heard learned A.P.P. also as well as learned counsel for the informant. Learned counsel for the informant opposed the prayer for bail.
Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna in connection with Budha Colony P.S. Case No. 20/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without
Patna High Court Cr.Misc. No.20342 of 2018 (4) dt.15-05-2018 3/3 showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T