AMAR NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both the counsels. The petitioner has been made an accused in connection with Complaint Case No. C/1 1959 of 2010 registered under Sections 138 of N.I. Act.

(2.) Learned counsel for the petitioner has submitted that initially he was granted bail in the matter on 02.06.2012 and subsequently his bail was cancelled on 22.6.2013. However, he is in custody since 27.4.2016. Learned counsel for the petitioner has submitted initially he has already been granted bail on merits and then he defaulted on the privilege of bail. Moreover he has stated that offence under Section 138 N.I. Act is bailable in nature.

(3.) Mr. Sanjay Kr. Pandey, learned counsel for the informant has submitted that at initial stage petitioner was present through his production warrant. Finally he has read out Section 436 (2)of Cr.P.C and said that petitioner cannot be allowed bail in this case. Section 436 (2)of Cr.P.C is reproduced hereinbelow.: -