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Umesh Kharga vs State Of Bihar & Anr on 16 July, 2018

Criminal Miscellaneous No.39830 of 2018
Arising Out of PS.Case No. -443 Year- 2016 Thana -M ADHUBANI COMPLAINT CASE District-

Umesh Kharga Son of late Nandu Kharga Resident of Village- Simari, P.S.
Bisfi, District- Madhubani, Presently resident of Mohalla- Chaudhani Sapta,
P.S. Rahika, District- Madhubani.

…. …. Petitioner
1. The State of Bihar
2. Ramesh Kumar Mishra Son of late Bhagirath Mishra Resident of
Mohalla- Vivekanand Nagar Colony, Ward No. 7, P.S. Distt.- Madhubani.

…. …. Opposite Parties

Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha
For the Opposite Party/s : Mr. Zainul Abedin


3 16-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Trial

No. 1669 of 2017, arising out of C.R. Case No. 443 of 2016 (CIS)

lodged for the offences punishable under Section 406 of the Indian

Penal Code.

Allegation against the petitioner is that he has taken Rs.2

lakhs from the complainant and thereafter given a cheque to him

but that bounced on 20.2.2016. Again on presentation of cheque

dated 18.3.2016 the same was also bounced and thereafter

complainant sent a legal notice to the petitioner on 3.5.2016, as

such the present case has been lodged on 17.6.2016.

Submission of learned counsel for the petitioner is that

case of the petitioner was dismissed by learned Judicial Magistrate

and against that petitioner preferred revision wherein learned

revisional court has taken cognizance under Section 406 IPC
Patna High Court Cr.M isc. No.39830 of 2018 (3) dt.16-07-2018

without recording any fresh evidence and case was not found true

under Section 138 of N.I. Act.

Heard learned APP and learned counsel for the

complainant, who has opposed the prayer for anticipatory bail on

the ground that petitioner has criminal antecedents.

Having heard both sides and in the facts and

circumstances, let the petitioner, named above, surrender within a

period of six weeks from the receipt of this order and on his so

surrendering he shall be released on bail on furnishing bail bond of

Rs.25,000/- (Rupees twenty five thousand) with two sureties of the

like amount each to the satisfaction of the Chief Judicial

Magistrate, Madhubani, in connection with Trial No. 1669 of

2017, arising out of C.R. Case No. 443 of 2016 (CIS), subject to

the conditions as laid down under Section 438(2) Cr.P.C. and

further condition is that one of the bailors shall be a local person

having sufficient immoveable properties within the jurisdiction of

court concerned.

(Vinod Kumar Sinha, J)


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