The High Court at Patna granted anticipatory bail to a petitioner accused of cheque dishonour and criminal breach of trust. The petitioner was required to deposit drafts and furnish a bond with sureties.
Release on anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13513 of 2022
Arising Out of PS. Case No.-889 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya
======================================================
ABHIMANYU KUMAR SON OF SRI ARJUN PRASAD R/O MOHALLAPURANI GODOWN, P.S.- KOTWALI, DISTRICT- GAYA
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
12 17-01-2023 The learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 889 of 2020, registered for the offences punishable under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.
The petitioner and the complainant are own brothers.
Patna High Court CR. MISC. No.13513 of 2022(12) dt.17-01-2023 2/3
They are engaged in business of foodgrains. The complainant has made allegation that petitioner took a loan of Rs. 26 lacs from him. The petitioner has returned Rs. 1 lakh cash and he issued a cheque for Rs. 25 lacs, which was dishonoured by the Bank.
The learned counsel for the complainant has submitted that two cheques issued by the petitioner of similar amount were also dishonoured by the Bank.
The learned counsel for the petitioner is handing over a draft of Rs. 25 lacs (cheque bearing no. 775762 dated 27.12.2022) to the learned counsel for the complainant in view of the allegation made in paragraph no. 3 of the complaint petition.
The payment of the above-mentioned money through draft is subject to outcome of the trial.
Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Gaya in connection with Complaint Case No. 889 of 2020, subject to the
Patna High Court CR. MISC. No.13513 of 2022(12) dt.17-01-2023 3/3
conditions as laid down under Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the
petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
kundan/-Nirmal
U T
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner in connection with offences under Section 406 IPC and Section 138 NI Act.
3 provisions across 3 enactments
ABHIMANYU KUMAR
THE STATE OF BIHAR
ALOK KUMAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
