Allowed

Amarnath Kumar @ Amar Kumar v. the State of Bihar

Patna HC7 Nov 2023CR. MISC./34822/2023

Case brief

AI extract

What is this about?

This single-judge oral order granted bail to a petitioner facing charges of cheating and fraud upon a finding that the disputed maturity amount under the cheque dishonour case had already been deposited. Bail was conditional on furnishing a bond and two sureties.

What did the court decide?

The petitioner be released on bail by furnishing a bond of Rs. 25,000 with two sureties of like amount within six weeks.

Amarnath Kumar @ Amar Kumar Vs the State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34822 of 2023

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Arising Out of PS. Case No.-58 Year-2020 Thana- SAHAR District- Bhojpur

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

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AMARNATH KUMAR @ AMAR KUMAR SON OF SRI UPENDRA SHARMA Resident of Village- Gopalpur, P.S- Rani Talab, District- Patna, Bihar

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar, Adv. For the Opposite Party/s : Mr.Dilip Kumar No.1, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 07-11-2023

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Heard Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406 of the Indian Penal Code.

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The prosecution case, in brief, that the informant is an employee of Sankalp Shreejan Producer Company and Sankalp Parivar Infra Structure Ltd. In such capacity and on the code of husband Ajay Kumar Rai, she deposited about Rs. 7 lacs of her family relative and other of which the maturity is Rs. 10 lacs. On repeated request for payment of maturity amount, a cheque was issued in her name, but due to insufficient fund in the

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Patna High Court CR. MISC. No.34822 of 2023(4) dt.07-11-2023 2/3

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account, the cheque was dishonored by the Bank.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that similarly situated coaccused, namely, Praveen Kumar, who is brother of the petitioner has been granted bail on the condition that he will submit a bank draft of Rs. 34,000/- in favour of the informant which will be handed over to the informant and this payment shall be made by way of bank draft and the said payment will be subject to the final outcome of this case. But in the case underhand, as per the learned counsel for the petitioner, the payment has already been made. Petitioner has seven criminal antecedents as mentioned in para-3 of this application.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, as the said amount i.e. 34,000/- has already been paid to the informant, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on

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Patna High Court CR. MISC. No.34822 of 2023(4) dt.07-11-2023 3/3

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furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sahar P.S. Case No. 58 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Amarnath Kumar @ Amar Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Amarnath Kumar @ Amar Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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