Durgesh @ Duresh Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82900 of 2019 Arising Out of PS. Case No.-2908 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

DURGESH @ DURESH KUMAR KUSHWAHA S/O- Karan Prasad R/o Vill.- Hajiapur- Ward No.-27, P.S.- Gopalganj, Dist.- Gopalganj. 2.

Om Prakash Srivastava @ Om Prasad Srivastava S/O- Yamuna Prasad R/o - Supauli, P.S.- Sidhwalia, Dist.- Gopalganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bachha Prasad @ Buchkun Ji S/O- Late Nagina Sah R/o - Sonar Toli, P.S.- Siwan Town, Dist.- Siwan.

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 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 offence punishable under Sections 420, 406, 467, 468, 471, 465 and 120B of the Indian Penal Code and Sectiion 138 of the NI Act.

According to complaint petition, the complainant had executed registered sale deed in the name of Prince Kumar son of Arjun Prasad and Hemant Kumar. Prince Kumar had issued several cheques of consideration money. Out of which three cheques bounced.

Patna High Court CR. MISC. No.82900 of 2019(2) dt.14-02-2020 2/2 It has been submitted on behalf of the petitioners that the petitioners are innocent and have been falsely implicated in the present case. He submits that the petitioner no. 1 is the witness and petitioner no. 2 is deed writer and there is no specific allegation against the petitioners. He submits that similarly situated co-accused has been granted the anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 72177 of 2019 on 17.01.2020. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan 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.

(Anjani Kumar Sharan, J) devendra/- U T