IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27486 of 2022

Arising Out of PS. Case No.-2784 Year-2009 Thana- PATNA COMPLAINT CASE District-

Patna

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PANKAJ KUMAR SON OF UPENDRA MANDAL, R/O- VILL-

RAGHUNATH PATH (R.P.S. MORE) BAILY ROAD, P.S.-DANAPUR,

DIST- PATNA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Kaushal Kumar

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

4

18-01-2023

The learned counsel for the petitioner is directed to

remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the

learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with

Complaint Case No. 2784 (C)/2009 registered for offence

punishable under section 406 of the Indian Penal Code and section

138 of the N.I. Act.

As per allegation, the complainant executed the power of

attorney delegating the petitioner to dispose of his land. The

petitioner sold that land and gave a cheque of Rs. 75,000/- to the

complainant. That cheque was dishonoured by the Bank.

Notice was sent to the complainant. His brother received

Patna High Court CR. MISC. No.27486 of 2022(4) dt.18-01-2023

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the notice, but none appeared on his behalf.

The learned counsel for the petitioner has submitted that

the petitioner is ready to give Rs. 75,000/- to the complainant.

Considering the above-mentioned facts and

circumstances, the petitioner above-named, in the event of his

arrest or surrender, within four weeks from today, is directed to be

released on bail provisionally for two months on furnishing bail

bonds of Rs.10,000/- with two sureties of the like amount each to

the satisfaction of learned Judicial Magistrate 1^st Class, Patna in

connection with Complaint Case No. 2784 (C)/2009, subject to

condition as laid down under section 438(2) Cr. P.C. Further

condition is that the petitioner shall make a payment of

Rs. 75,000/- to the complainant and after payment of that

amount within two months, the learned court below shall

confirm his bail bond.

Office shall ensure that all defects are removed by the

petitioner within the stipulated time mentioned hereinabove,

failing which, the matter shall be brought to the notice of this

Court.

Mahesh/-

(Nawneet Kumar Pandey, J)

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