Allowed

Birendra Kumar @ Birendra Kumar Gond v. The State Of Bihar

Patna HC9 Nov 2017CR. MISC./47080/2017

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner facing charges under Section 420, 406, 504, and 506 IPC. The court noted that the petitioner returned the loan amount and the informant failed to issue a cheque bounce notice before lodging the FIR, supporting the bail application upon furnishing of a bond and sureties.

What did the court decide?

Granted enlargement on bail on a bond of Rs. 10,000 with two sureties of the same amount to the satisfaction of the Chief Judicial Magistrate at Sasaram.

Birendra Kumar @ Birendra Kumar Gond Vs The State Of Bihar — Cheque Dishonour | Patna HC (2017)

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Patna High Court Cr.Misc. No.47080 of 2017 (2) dt.09-11-2017 1

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47080 of 2017

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Arising Out of PS.Case No. -978 Year- 2017 Thana -SASARAM NAGAR District- SASARAM

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(ROHTAS)

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====================================================== 1. BIRENDRA KUMAR @ BIRENDRA KUMAR GOND Son of Late Gauri Shankar Gond, Resident of Village- Nuranganj, P.S.- Sasaram Nagar, District- Rohtas.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 09-11-2017 Heard both sides.

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The petitioner apprehends his arrest in Sasaram Nagar P.S. Case No.978 of 2017 under Section 420, 406, 504 and 506 of the Indian Penal Code.

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The informant alleged that the petitioner took loan of Rs.6 lacs from him and handed over three cheques for payment of the loan amount but all the three cheques were dishonoured.

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The learned counsel for the petitioner submits that the petitioner gave the cheques as security. The petitioner returned the entire amount of loan borrowed by him but when the petitioner lodged the case on 28.06.2017, the informant filed the present case on 14.07.2017. The informant did not give any notice for bouncing

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Patna High Court Cr.Misc. No.47080 of 2017 (2) dt.09-11-2017 2

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of the cheques.

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Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to 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 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Nagar P.S. Case No.978 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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Saurabh/-

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U T

Birendra Kumar @ Birendra Kumar Gond v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Kumar @ Birendra Kumar Gond v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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