The High Court at Patna heard an anticipatory bail petition. The petitioner apprehended arrest for offences under Section 138 NI Act and IPC sections. The court rejected his claim of cash payment and refusal to grant bail based on the gravity of the offence.
The petition for anticipatory bail is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15854 of 2019
Arising Out of PS. Case No.-287 Year-2018 Thana- AMAS District- Gaya
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Md. Shamim Ahmad @ Shamin Ahmad, Male, aged about 53 years, Son of Md. Yusuf Ali, Resident of Baligaon, Tola Belbigha, P.O.- Ismailpur, P.S. Gurua, District- Gaya.
... ... Petitioner
Versus
The State of Bihar
| ============== Appearance : |
... ... =============================== |
Opposite Party ========= |
|---|---|---|
| For the Petitioner | : Mr. Vikas Ratan Bharti, Advocate |
|
| For the State | : APP |
|
| For the Informant ============== |
: Advocate =============================== |
========= |
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
2 15-03-2019
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.15854 of 2019(2) dt.15-03-2019 2/2
through cheque dated 17.11.2018. He had made cash payment of the said amount subsequently but the informant did not return the cheque rather the same got dishonoured with an intention of grabbing land from the petitioner. The petitioner expresses his readiness to make payment of 20% of the amount of the cheque i.e. Rs. 1,62,720/having regard to the provisions of Section 143(A) of the Negotiable Instruments Act.
BT/- U T
(Vikash Jain, J)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Section 138 of the Negotiable Instruments Act and other offences under the Indian Penal Code.
Whether the petitioner's claim of having made cash payment and readiness to pay interim compensation under Section 143(A) justifies granting anticipatory bail.
3 provisions across 2 enactments
Md. Shamim Ahmad @ Shamin Ahmad
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
