The court granted anticipatory bail to the petitioner in a case involving cheating and cheque dishonour, subject to the condition that he deposits the disputed amount within a month.
Petitioner granted anticipatory bail upon furnishing bail bonds and depositing Rs. 13,03,259/- with District Health Society within one month.
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.1378 of 2020
Arising Out of PS. Case No.-122 Year-2014 Thana- AURANGABAD TOWN DistrictAurangabad
======================================================
Subhash Kumar Ishwar Son of Sri Ramakant Ishwar Resident of Village - Bharaul, P.S.- Bachhawara, Distt.- Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 27-02-2020
Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Aurangabad Nagar P.S. Case No. 122 of 2014 registered for the offences punishable under Sections 406, 408 of the Indian Penal Code.
The prosecution case is that M/s Torque Pharmaceuticals Pvt. Ltd. entered into a contract with District Health Society, Aurangabad to supply medicines and the said company received cheque of Rs. 13,03,259/- in the year 2014 but the above stated company neither supplied the medicines nor returned the aforesaid amount.
So far as petitioner is concerned, the name of
Patna High Court CR. MISC. No.1378 of 2020(2) dt.27-02-2020 2/3
petitioner came in course of investigation and it was detected that he was authorized by the company to sign and receive documents on behalf of the company.
Learned counsel of the petitioner submits that petitioner does not have any concern with the aforesaid company, except the above stated authorization. He further submits that petitioner is ready to deposit the amount in question with concerned department without admitting the prosecution case.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall 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 learned Chief Judicial Magistrate, Aurangabad in Aurangabad Nagar P.S. Case No. 122 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
However, it is made clear that petitioner shall deposit Rs. 13,03,259/- with District Health Society, Aurangabad through a demand draft prepared in the name of above stated
Patna High Court CR. MISC. No.1378 of 2020(2) dt.27-02-2020 3/3
society within a month from today, failing which the learned court below shall cancel the bail granted to the petitioner. However, the aforesaid amount shall be subject to outcome of trial of Aurangabad Nagar P.S. Case No. 122 of 2014.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in connection with offences under Sections 406 and 408 IPC.
Whether to order the deposit of the disputed cheque amount as a condition for granting bail.
1 provisions across 1 enactments
Subhash Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
