The Court granted bail to the petitioner, who is already in custody, in a complaint case involving allegations of cheque dishonour and cheating. The order directed the petitioner to furnish a bond of Rs. 10,000 with two sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24948 of 2018
Arising Out of PS.Case No. -22 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA
====================================================== 1. Ramchandra Singh son of Late Amar Singh Resident of Qr. No. - 34(V), Railway Colony, Fatuha, Eastern Central Railway (Fatuha), P.S. - Fatuha, District - Patna.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Samrendra Kumar Jha For the Opposite Party/s : Mr. Sri Ataur Rahman
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 26-04-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant.
Petitioner, already in custody since 21.3.2018, seeks bail in Complaint Case No. 22 ( C) of 2012 registered under Section 420 of the IPC and Section 138 of the N.I.Act..
The allegation in brief is that the complainant gave two lakh rupees to the petitioner for providing job to his brother in the railway but no job was provided and he returned the amount by issuing a cheques which got bounced.
Learned Counsel for the petitioner submits that the petitioner and brother of the complainant both are railway employees, they are acquainted, the petitioner had taken some friendly loan and issued a cheques as a security but later on returned the amount in cash and the cheques was misused, moreover the petitioner has no criminal antecedent.
Having considered that it is a complaint case and the dispute relating to nature of transaction, the petitioner, namely, Ramchandra
Patna High Court Cr.Misc. No.24948 of 2018 (2) dt.26-04-2018
2
Singh is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sandeep Kumar, Judicial Magistrate, lst Class, Danapur in connection with Complaint Case No. 22 (C ) of 2012.
(Arun Kumar, J)
Snkumar/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in the complaint case involving cheque bounce allegations.
Whether the dispute regarding the nature of the transaction warrants bail for the petitioner who is already in custody.
2 provisions across 2 enactments
Ramchandra Singh
The State of Bihar
Krishna Ram
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
