Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87425 of 2019 Arising Out of PS. Case No.-482 Year-2016 Thana- COMPLAINT CASE District- Jamui ====================================================== GAUTAM KUMAR S/o Late Buddhinath Singh Resident of Sanjay Shiksha Mandir Awasiya Bal Vikash Bidyalay, In Front of Registratrion Office, K.K. M Collage road, Jamui, P.S.- and Dist- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Bidyanand Singh S/o Late Rajendra Prasad Singh R/o Village- Gokhula, P.S.- Sikandra, Dist- Jamui.

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

For the Petitioner :

Mr. Prabhat Ranjan Singh For the State :

Mr. Anuj Kumar Shrivastava For the O.P. No.2 : Mrs. Manju Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120B, 406, 420, 467, 468 and 506 of the Indian Penal Code and Section 138 of the N.I. Act.

In the name of providing job, the complainant allegedly paid Rs.6,80,000.00 but neither the petitioner has arranged job nor returned the money and two cheques issued by him also got dishonoured.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.87425 of 2019(17) dt.09-11-2022 2/3 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, the complainant has concealed material fact that he was initially business associate of the petitioner, and in this course, against his part of investment petitioner had issued few cheques in his favour as security. But, it could not run properly and after closing of business complainant did not return those cheques to the petitioner, though petitioner relying on his past good conduct left those cheques with him, which, later on misused by the complainant against the petitioner.

Learned counsel for the petitioner submits that petitioner is ready to deposit Rs.1,50,000.00 within eight weeks from today in the learned court below by way of a bank draft in the name of the complainant.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 482C/2016, subject to the

Patna High Court CR. MISC. No.87425 of 2019(17) dt.09-11-2022 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. The learned court below is directed to accept the bail bond of the petitioner after showing deposit of the aforesaid amount and the said amount shall be released in favour of the complainant.

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