Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23599 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gulshan Kumar, Son of Pramod Sah @ Pramod Prasad, Resident of Village- Rampurwa, P.S.- Govindganj, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 The petitioner is apprehending his arrest in connection with Paharpur P.S. Case No. 273 of 2017, registered for offences punishable under Sections 420, 406 and 506 of the Indian Penal Code.

Allegation against the petitioner that he has taken a friendly loan from the informant and when the informant asked the informant to return the money, he used a cheque, which was dishonored by the bank on presentation.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and the money has already been returned to the informant and the cheque, which was dishonored by the bank on presentation, was given by the petitioner as security of the above stated amount, which has

Patna High Court Cr.Misc. No.23599 of 2018 (4) dt.10-07-2018 2/2 already been paid to the informant in cash and in spite of that he presented the said cheque in the bank. It has also been submitted that the F.I.R has also not been registered under Section 138 of N.I.Act.

Heard learned A.P.P. also. .

Nobody appeared on behalf of complainant in spite of notice validly served upon him.

Having heard both sides, in view of the above facts, 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 CJM, Motihari, East Champaran, in connection with Paharpur P.S. Case No. 273 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Vinod Kumar Sinha, J) sunil/- U T