Patna High Court
Raj Kishor Vidyarthi vs The State Of Bihar on 29 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34543 of 2020
Arising Out of PS. Case No.-153 Year-2020 Thana- BRAHMPUR District- Buxar
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Raj Kishor Vidyarthi, Male, aged about 32 years, Son of Late Sidheshwar
Thakur, Resident of Village- Hundari, PS- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Dr. Anjani Prasad Singh, Advocate
For the State : Mr. Sanjay Kumar Sharma, APP
For the Informant : Mr. Rang Nath Choubey, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 29-07-2021
The matter has been heard via video conferencing.
2. Heard Dr. Anjani Prasad Singh, learned counsel for
the petitioner; Mr. Sanjay Kumar Sharma, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State and Mr. Rang Nath Choubey, learned counsel for the
informant.
3. The petitioner apprehends arrest in connection with
Brahampur PS Case No. 153 of 2020 dated 19.03.2020,
instituted under Sections 406, 420 of the Indian Penal Code and
138 of the Negotiable Instruments Act, 1881.
4. The allegation against the petitioner is that he had
taken Rs. 1,80,000/- for treatment of his mother and had given a
cheque, but the same bounced and the money was never
returned.
Patna High Court CR. MISC. No.34543 of 2020 dt.29-07-2021
5. Learned counsel for the petitioner had earlier taken a
categorical stand that due to personal difficulty faced by the
petitioner on account of heavy expenses incurred on the treatment
of his mother, he could not earlier return the money and was ready
to do the same.
6. The aforesaid proposal on behalf of the petitioner was
accepted by the informant and as per the order dated 13.04.2021,
the petitioner had agreed to transfer the amount by 20 th April,
2021. However, due to various factors, the money could not be
transferred in time and after further indulgence given, the total
amount of Rs. 1,80,000/-, as per the stand taken by learned
counsel for the petitioner has now been paid to the informant.
7. Learned counsel for the informant does not dispute
the same. Learned counsel submitted that after having received
her money, her grievance has been redressed and she shall not be
pressing the case filed by her in the Court below.
8. Having regard to the aforesaid, the Court is inclined
to grant pre-arrest bail to the petitioner.
9. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs. 25,000/-
(twenty five thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.34543 of 2020 dt.29-07-2021
to the satisfaction of the learned Judicial Magistrate, Buxar in
Brahampur PS Case No. 153 of 2020, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 and further, (i) that one of the bailors shall be a close relative
of the petitioner and (ii) that the petitioner shall co-operate with
the police/prosecution and the Court. Failure to co-operate shall
lead to cancellation of his bail bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioner, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioner.
11. The petition stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
