Kanthi Prasad Singh Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

Kanthi Prasad Singh Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender within six weeks of the order, release on bail on cash security of Rs. 20,000/- and bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Dhanbad, in C.P. Case No. 3635 of 2023, with the condition that the petitioner will cooperate with the trial, subject to the conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in C.P. Case No. 3635 of 2023 (registered under sections 420 IPC and Section 138 N.I. Act), should be granted the privilege of anticipatory bail.

Court's answer

The Court held that, considering the submissions of the counsels and the facts discussed, it is a fit case where the petitioner be given the privilege of anticipatory bail.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on depositing cash security of Rs. 20,000/- and furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with C.P. Case No. 3635 of 2023, conditioned on cooperation with the trial and subject to the conditions under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — High Court of Jharkhand at Ranchi (Anil Kumar Choudhary, J.), by Order No.02 dated 12.02.2025 in A.B.A. No. 875 of 2025, allowed the anticipatory bail application of Kanthi Prasad Singh in connection with C.P. Case No. 3635 of 2023 registered under sections 420 IPC and Section 138 N.I. Act (alleged agreement for sale of land posing as owner, undertaking to return advance money of Rs.3,30,000/-, and two dishonoured cheques). In the event of arrest or surrender within six weeks, the petitioner is to be released on bail on depositing cash security of Rs. 20,000/- and furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, conditioned on cooperation with the trial and subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Counsel for the petitioner had contended the matter is a civil dispute; the Learned Addl. P.P. opposed the prayer.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 875 of 2025

Kanthi Prasad Singh, aged about 51 years, son of late Bistu Prasad Singh, resident of Village-Olidih, P.O.-Bhelatand, P.S.Katras, Dist.-Dhanbad (Jharkhand)

… Petitioner

The State of Jharkhand

Arun Kumar Rawani, son of Ramnath Rawani, resident of Village-Dharmabandh, P.O.-Malkera (Mahuda), P.S.Madhuban, Dist.-Dhanbad (Jharkhand) … Opposite Parties

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioner : Mr. Binod Kr. Jha, Advocate For the State : Mr. Arup Kr. Dey, Addl. P.P. ------

Order No.02 Dated- 12.02.2025

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 3635 of 2023 registered under sections 420 of the Indian Penal Code and under Section 138 of N.I. Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner entered into an agreement for sale of land with the wife of the complainant posing himself to be the owner of the land, even though he is not the owner of the land and undertook to return the advance money of Rs.3,30,000/- and gave two cheques which were dishonoured. It is further submitted that the allegations against the petitioner are all false and the petitioner has not committed any offence. It is then submitted that the agreement for sale could not be acted upon because of some dispute and the petitioner gave two blank cheques after signing the same as security. It is also submitted that the dispute between the parties is a civil dispute. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate

with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on depositing cash security of Rs. 20,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Dhanbad, in connection with C.P. Case No. 3635 of 2023 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Sonu/Gunjan-