Rajiv Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84388 of 2019 Arising Out of PS. Case No.-346 Year-2019 Thana- KATIHAR District- Katihar ====================================================== RAJIV SINHA Son of Late Srijesh Kumar Diwakar @ Grijesh Kumar Diwakar Resident of Village - Colony No.2, Church Road, Infront of Bathal Mission Public School, P.S.- Katihar Nagar, Dist.- Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Katihar Nagar P.S. Case No.346 of 2019 registered under Sections 406, 420 of the Indian Penal Code and Section 138 of N.I.Act. The informant lodged Complaint Case No.200 of 2019 on the basis of which the present F.I.R. was registered. The informant alleged that the petitioner borrowed Rs.4,28,319/- and handed over a cheque bearing No.440218 on 06.08.2018 to him as security but when the informant presented the cheque, the same was dishonoured.

The learned counsel for the petitioner submits that petitioner was on business term with the informant. Petitioner runs a poultry farm. The informant runs a fodder shop and used

Patna High Court CR. MISC. No.84388 of 2019(4) dt.18-06-2020 2/2 to supply fodder to the poultry farm of the petitioner. The informant himself gave undertaking (Annexure-3) stating that nothing is left due against the petitioner and the cheque handed over to him by the petitioner is lost at the time of shifting house. Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that the petitioner appears to be on business term with the informant and the petitioner claims that nothing is lying due with the informant, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Katihar Nagar P.S. Case No.346 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T