Rajendra Chaudhari @ Rajendra Singh @ Chaudhari Rajendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68063 of 2018 Arising Out of PS. Case No.-1279 Year-2015 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Rajendra Chaudhari @ Rajendra Singh @ Chaudhari Rajendra Singh Son of Ashmuni Choudhary, Resident of Village- Patadhi, P.S. Shivsagar, DistrictRohtas. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Dayashanker Singh, Son of Ram Sager Singh, Resident of Village & P.O.- Deokhaira, P.S.- Kochas, District- Rohtas.

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case, wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 120B of the Indian Penal Code and Section 138 of N.I. Act.

The prosecution case as per the complaint petition is that on 08.03.2015 at 1.00 O'clock all the accused persons including the petitioner came at the door of the complainant and told that we are in the business of purchase of Basmati paddy at the rate of Rs.2200/- per quintal and the sale proceed will be

Patna High Court Cr.Misc. No.68063 of 2018(2) dt.17-12-2018 2/3 paid in 15 days. Thereafter, the complainant sold 35.49 quintals of Basmati paddy for total consideration amount Rs.78,078/-. It is further alleged that after 15 days when the complainant demanded the sale proceed of paddy, co-accused Niladri Gupta gave a cheque of Rs.78,078/- which subsequently got dishonoured on 08.08.2015.

It is submitted by learned counsel for the petitioner that there is no entrustment of the paddy in favour of the petitioner. Though, the petitioner is accused in eight other cases of similar nature out of which seven initiated on complaint which have been lodged by several aggrieved persons. Learned APP submits that the petitioner is named in the complaint petition.

Considering the fact that neither the entrustment of the paddy was made in favour of the petitoner nor the alleged cheque has been issued by the petitioner, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -cum- S.J. XII, Rohtas at Sasaram in connection with

Patna High Court Cr.Misc. No.68063 of 2018(2) dt.17-12-2018 3/3 Complaint Case No. 1279 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T