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Upendra Kumar Nishad v. The State of Bihar

Patna HC14 Feb 2019CR. MISC./8910/2019

Case brief

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What is this about?

In a criminal miscellaneous petition under Section 438 CrPC, the petitioner sought anticipatory bail facing charges under IPC 420 and NI Act 138. The court granted bail with conditions and sureties, noting the petitioner's lack of antecedents and alleged partial repayment.

What did the court decide?

Petitioner released on bail upon furnishing bond of Rs.20,000 and two sureties of like amount within 30 days.

Upendra Kumar Nishad Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8910 of 2019

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Arising Out of PS. Case No.-192 Year-2018 Thana- TURKAULIYA District- East

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Champaran

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======================================================

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Upendra Kumar Nishad, Son of Late Sheo Nandan Chaudhary, Resident of Mohalla - Belbanwa, Machhua Toli, P.S. - Town Motihari, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 14-02-2019 Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

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Petitioner had taken loan from the informant for business purpose. However, the petitioner did not refund the same and the refund cheque of Rs.1,00,000/- (Rupees One Lac) issued by the petitioner allegedly bounced.

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Submission is that from the allegation, dishonest intention cannot be gathered. In fact the petitioner had taken loan for treatment of his wife and had returned Rs.58,000/-

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Patna High Court Cr.Misc. No.8910 of 2019(2) dt.14-02-2019 2/2

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(Rupees Fifty Eight Thousand) in cash. Petitioner has got no criminal antecedent.

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Considering the entire facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Turkaulia (Banjaria) Police Station Case No.192 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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abhishek/-

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U T

Upendra Kumar Nishad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Upendra Kumar Nishad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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