Allowed

Shailesh Kumar Singh and Anr. v. The State Of Bihar

Patna HC1 Nov 2013CR. MISC./38885/2012

Case brief

AI extract

What is this about?

The Patna High Court granted interim protection and bail to petitioner 1 in a case involving non-honoured cheques. The court directed a deposit of Rs. 2 lakhs before the trial court and an undertaking to return it with interest if the petitioners are not convicted.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs. 2 lakhs before the Trial Court within eight weeks and furnishing a bond with undertaking regarding the deposit.

Shailesh Kumar Singh and Anr. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38885 of 2012 ====================================================== 1. Shailesh Kumar Singh, S/o Krishnadeo Kuer, R/o Village - Dhanuki, P.S. Kartaha, District – Vaishali. 2. Rekha Singh, W/o Shailesh Kumar Singh, R/o Village - Dhanuki, P.S. Kartaha, District – Vaishali. .... .... Petitioners. Versus 1. The State of Bihar. 2. Awadh Narayan Singh, son of Late Chandrasekhar Singh, R/o-villageGaurichak, P.S.-Gaurichak, District-Patna. .... .... Opposite Parties. ======================================================

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Appearance : For the Petitioners : Mr. Sandeep Kumar For the State : Mr. Zainul Abadin, A.P.P. For the Opposite Party No.2 : Mr. Ebrahim Kabir & Shruti Sinha

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======================================================

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CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER

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06 01-11-2013 Heard learned counsel for the petitioners and learned counsel for the informant.

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Petitioner no.2 has already been granted anticipatory bail by this Court by order dated 08.10.2013.

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Petitioner no.1 apprehends arrest in relation to Phulwari Police Station Case No.399 of 2011 instituted under Sections-406 & 420/34 of the Indian Penal Code and Section138 of the Negotiable Instruments Act.

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Allegedly, petitioner no.1 had issued four cheques in

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Patna High Court Cr.Misc. No.38885 of 2012 (06) dt.01-11-2013

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favour of the informant, opposite party no.2, which were not honoured. The defence of the petitioner no.1 is that these were cheques pertaining to the accounts which were became inoperative long back when petitioner no.1 and opposite party no.2 were working together and opposite party no.2 has utilized them unauthorisedly to implicate the petitioners. Learned counsel for the petitioners also submits that the dispute is of civil nature and involves no criminal liability.

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Be that as it may, on deposit of Rs.2 lakhs before the Court below, the petitioner no.1, namely, Shailesh Kumar Singh, in the event of arrest or surrender within eight weeks from today, shall be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Phulwari Police Station Case No.399 of 2011, subject to all conditions as laid down in Section-438(2) of the Criminal Procedure Code.

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The petitioner no.1 may deposit the aforesaid amount in installments as per his wishes, but so long as the said amount is not deposited the petitioner no.1 would not be entitled for interim protection which, as granted earlier, had stood expired

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Patna High Court Cr.Misc. No.38885 of 2012 (06) dt.01-11-2013

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on 31.10.2013. The informant should be at liberty to withdraw the same from the Trial Court upon undertaking and a bond that in the event if the petitioners would not be convicted then he would return the same along with the interest to the petitioners.

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With the aforesaid observation and direction, this application stands disposed of.

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(Navaniti Prasad Singh, J.)

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Trivedi/-

Shailesh Kumar Singh and Anr. v. The State Of Bihar

Case brief

What is this about?

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Shailesh Kumar Singh and Anr. v. The State Of Bihar

Case brief

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