Abhishek Kumar @ Abhished Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1467 of 2024 Arising Out of PS. Case No.-652 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Abhishek Kumar @ Abhished Kumar Son of Ajay Shahi @ Farnandis Resident of vill- Harka Mansahi PS-Meenapur Dist-Muzaffarpur ... ... Petitioner/s
Versus
1. The State of Bihar
2. Nishant Kumar Nirala @ Nishu, S/o Bindeshwari Paswan Vill. Dumri, Gobarsahi near Prashant Meternity Hospital PS Sadar, District Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh For the Opposite Party/s :
Mrs.Pushpa Sinha.1,APP Mrs.Rashmi Jha, Mr. Sharad Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for offence under Sections 406, 420 of the Indian Penal Code and Section 138 of the N.I. Act.
3. As per prosecution case, this petitioner issued two cheques, one of Rs. 11, 12,000/- and another of Rs. 8,80,000/- to the informant/opposite party no. 2 and when the said cheques were deposited in the bank by the informant, the same were dishonored due to insufficiency of fund.
4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. He is a government employee and he has never received any money from the
Patna High Court CR. MISC. No.1467 of 2024(4) dt.06-05-2024 2/2 informant. He further submits that prior to lodging the present case, the informant had lodged a complaint, vide Complaint Case No. 2621 of 2023, for the same occurrence.
5. However, learned counsel for the opposite party no. 2 vehemently opposes the prayer for anticipatory bail and submits that petitioner is author of the cheques, which got bounced.
6. Considering the same, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J) anay/- U T