Allowed

Rabindra Choudhary v. The State of Bihar

Patna HC11 Jun 2019CR. MISC./22432/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a case involving cheque bounce, cheating, and criminal breach of trust, considering the delay in lodging the F.I.R. Bail conditions included a monetary bond and residence restrictions.

What did the court decide?

Release on bail on furnishing a bond of Rs. 20,000/- along with two sureties of like amount, subject to residence and co-operation conditions.

Rabindra Choudhary Vs The State of Bihar — Cheque Dishonour | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22432 of 2019

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Arising Out of PS. Case No.-110 Year-2018 Thana- BAHADURPUR District- Darbhanga

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

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RABINDRA CHOUDHARY Son of Ganesh Choudhary. Resident of VillageDarhar, P.S.- Bahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarvan Kumar, Advocate For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP For the Informant : Mr.Manish Chandra Gandhi, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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3 11-06-2019

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Heard learned counsel for the petitioner and learned

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APP for the State, assisted by learned counsel for the informant.

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Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

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There was agreement between the parties for performance of public contract and cheque of Rs.22,00,000/(Rupees Twenty Two Lacs) issued by the petitioner allegedly bounced.

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Submission is that in each and every case of bouncing of cheque, dishonest intention cannot be attributed. In fact, the payment of cheque was stopped for certain reasons and the F.I.R. was lodged much beyond the statutory period, after

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Patna High Court CR. MISC. No.22432 of 2019(3) dt.11-06-2019 2/2

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notice of the bouncing of the cheque. Hence, whole prosecution is bad in law.

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Learned counsel for the informant opposed the prayer for bail.

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Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bahadurpur Police Station Case No.110 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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abhishek/-

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U T

Rabindra Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rabindra Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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