Md. Jamal Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58812 of 2018 Arising Out of PS. Case No.-301 Year-2018 Thana- Kankarbagh District- Patna ====================================================== Md. Jamal Asraf son of Late Kamal Asraf resident of Patna Super Market, B - Block, Flat No. 403, Frazer Road, Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Nagendra Prasad Mr. Pankaj Kumar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2018 Heard Sri Anil Kumar Singh, learned counsel for the petitioner, Sri Nagendra Prasad, learned Addl. Public Prosecutor as well as Sri Pankaj Kumar Das, learned counsel, who informs that only today he has filed vakalatnama on behalf of informant in the Registry.

The sole petitioner, apprehending his arrest in Kankarbagh P.S. Case No. 301 of 2018 registered for offence under Section 420 of the Indian Penal Code (for short "I.P.C.") and Section 138 of the Negotiable Instruments Act, 1881 (for short "N.I.Act"), has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that though, F.I.R. has been lodged under Section 138 of the N.I.Act

Patna High Court Cr.Misc. No.58812 of 2018(2) dt.20-09-2018 2/2 and Section 420 of the I.P.C., but petitioner has committed no such offence. He further submits that subsequently, the dispute has been settled in between the parties by filing a compromise petition before the court below. Learned counsel for the petitioner has drawn my attention to Annexure - 6 to the petition to show that dispute in between the parties has already been settled.

Learned counsel for the informant also submits that dispute in between the parties has already been settled. In view of facts and circumstances, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Md. Jamal Asraf be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Madhevi Singh, J.M. 1st Class, Patna in connection with Kankarbagh P.S. Case No. 301 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T