Petitioner sought regular bail in a case involving refusal to execute a sale deed and a dishonoured cheque. Considering facts and custody period, the court granted bail on a bond of Rs. 10,000 with two sureties.
Regular bail granted on furnishing bail bond of Rs.10,000 with two sureties of like amount to ACJM-XIV, Vaishali at Hajipur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3402 of 2023
Arising Out of PS. Case No.-51 Year-2020 Thana- LALGANJ District- Vaishali
======================================================
Bhubneshwar Bhagat, Son of Late Shiv Bhagat, Resident of VillageMohiudinpur, P.S.- Vaishali, District- Vaishali at Hajipur (Bihar)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar For the Opposite Party/s : Mr.Umeshanand Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 22-06-2023
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of the N.I. Act.
According to the F.I.R., the prosecution case, in brief, is that petitioner executed a Mahadnama in favour of informant but when the informant requested him to execute the sale deed, he refused the same. When the informant demanded his money, coaccused Prahalad Kumar Bhagat (son of the petitioner) gave a cheque of Rs. 10 lac which got dishonored and after several legal notices, neither the petitioner gave any reply nor returned the money.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.3402 of 2023(4) dt.22-06-2023 2/2
falsely been implicated in this case due to ulterior motive. This matter is purely a civil nature dispute. He has got no criminal antecedent. It is further submitted that the son of the petitioner namely Prahalad Kumar Bhagat furnished the cheque to the informant which got dishonored, has already enlarged on anticipatory bail by other co-ordinate Bench of this Court vide order dated 07.04.2023 passed in Cr. Misc. No. 5280 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.09.2022.
Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lalganj P.S. Case No. 51 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur.
(Sunil Kumar Panwar, J)
lata/-
U T
1 issue framed by the court
Whether the petitioner, in custody since 21.09.2022 for offences under Sections 406, 420 IPC and Section 138 NI Act, should be granted regular bail.
2 provisions across 2 enactments
Bhubneshwar Bhagat
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
