Allowed

Tarkeshwar Ojha v. The State of Bihar

Patna HC22 Mar 2022CR. MISC./8762/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner in a case involving cheating and bouncing of a cheque. The High Court allowed bail conditioned upon the petitioner surrendering within four weeks and furnishing bonds, noting a mutual settlement and partial payment by the petitioner.

What did the court decide?

Petitioner released on anticipatory bail on furnishing bail bonds of Rs. 10,000 with two sureties of like amount each.

Tarkeshwar Ojha Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8762 of 2020

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Arising Out of PS. Case No.-466 Year-2018 Thana- CHANPATIA District- West Champaran

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

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Tarkeshwar Ojha Son of Late Basdeo Ojha @ Vasdev Ojha Resident of Village - Gulariya, P.S.- Gopalpur, District- West Champaran (Bettiah)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Ramchandra Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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5 22-03-2022

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Heard learned counsel for the petitioner, informant and learned APP for the State.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

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It is submitted by learned counsel for the petitioner that petitioner and the informant have decided to amicably settled the dispute. Both sides mutually agreed that a sum of Rs. 4,00,000/- will be paid by the petitioner to the informant in four installments. Hence, in view of such mutual agreement, the petitioner has already paid Rs. 1,00,000/-as first installment by a demand draft bearing

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Patna High Court CR. MISC. No.8762 of 2020(5) dt.22-03-2022 2/3

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D.D No. 391709 dated 11.03.2022 issued by the Central Bank of India in favour of the informant/O.P. No. 2. It has also been mutually agreed that 2^nd , 3^rd , and 4^th installment shall be paid by the petitioner to the informant before 25^th of April, 25^th of May and 25^th of July, 2022. The informant also agreed that he shall file a compromise petition before learned Court below in connection with the present F.I.R being Chanpatiya P.S. Case No. 466 of 2018 after full and final payment of Rs. 4,00,000/- to the informant. A joint compromise petition to that effect has been filed before this Court bringing on record the above facts.

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The learned counsel appearing on behalf of the informant does not controvert the aforesaid submissions of the learned counsel for the petitioner.

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Considering the fact that both sides have amicably decided to settle the dispute and steps have been taken to finally resolve the dispute between the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with

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Patna High Court CR. MISC. No.8762 of 2020(5) dt.22-03-2022 3/3

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two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, West Champaran, Bettiah in connection with Chanpatiya P.S. Case No. 466 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Tarkeshwar Ojha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tarkeshwar Ojha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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