Anticipatory bail application dismissed with direction to petitioner to surrender within six weeks, return money, and produce papers of refund for regular bail consideration.
Petitioner to surrender within six weeks and produce proof of refund for regular bail consideration.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62346 of 2018
Arising Out of PS. Case No.-659 Year-2018 Thana- SAHARSA District- Saharsa
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Vinod Kumar Singh, S/o Late Shaligram Singh, R/o Vill.- Gangjala Tiranga Chock, Ward No. 15, P.S.- Saharsa, District- Saharsa.
... ... Petitioner
Versus
... ... Opposite Parties
====================================================== Appearance : For the Petitioner/s : Mr.Shekhar Kumar Singh For the Opposite Party/s : Mr. Anil Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 09-04-2019
Petitioner seeks bail in anticipation of his arrest in connection with Saharsa Sadar P.S. Case No. 659 of 2018, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of N.I. Act.
Allegation against the petitioner is that he has taken Rs.12,40,000/- from the informant for executing sale deed but has not executed the sale deed and issued two cheques each of Rs.6 lacs but that also bounced.
Submission of learned counsel for the petitioner is that he has already returned the money but he failed to produce any paper showing as to how the same has been returned in spite of granting time to the petitioner.
Heard learned APP and learned counsel for the
Patna High Court CR. MISC. No.62346 of 2018(4) dt.09-04-2019 2/2
informant. They have opposed the prayer for anticipatory bail stating that petitioner has not returned the money taken for executing sale deed and two cheques were bounced and that shows intention of the petitioner for cheating.
Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioner to surrender within a period of six weeks from the receipt of this order and pray for regular bail annexing the paper to show that the money has been returned, which shall be considered by the court below and disposed it of.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether to grant anticipatory bail in a case involving cheating and bounced cheques pending verification of refund.
Whether the petitioner's claim of returning money without documentary evidence warrants anticipation bail.
Vinod Kumar Singh
The State Of Bihar
Purushottam Kumar Singh
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
