Allowed

Pankaj Kumar v. The State of Bihar

Patna HC18 Jan 2023CR. MISC./27486/2022

Case brief

AI extract

What is this about?

In a bail application regarding cheating and cheque dishonour, the High Court directed the petitioner to clear office defects within a month. The court granted provisional bail for two months subject to furnishing bonds and a condition to pay the disputed amount within two months for bail confirmation. It directed release upon surrender or arrest.

What did the court decide?

Provisional bail for two months granted subject to payment of Rs. 75,000/- and furnishing bonds; directions to remove office defects.

Pankaj Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27486 of 2022

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Arising Out of PS. Case No.-2784 Year-2009 Thana- PATNA COMPLAINT CASE DistrictPatna

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====================================================== PANKAJ KUMAR SON OF UPENDRA MANDAL, R/O- VILLRAGHUNATH PATH (R.P.S. MORE) BAILY ROAD, P.S.-DANAPUR, DIST- PATNA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kaushal Kumar For the Opposite Party/s : Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 18-01-2023

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the office within one month.

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Heard the learned counsel for the petitioner as well as the

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learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Complaint Case No. 2784 (C)/2009 registered for offence punishable under section 406 of the Indian Penal Code and section 138 of the N.I. Act.

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As per allegation, the complainant executed the power of attorney delegating the petitioner to dispose of his land. The petitioner sold that land and gave a cheque of Rs. 75,000/- to the complainant. That cheque was dishonoured by the Bank.

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Notice was sent to the complainant. His brother received

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Patna High Court CR. MISC. No.27486 of 2022(4) dt.18-01-2023 2/2

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the notice, but none appeared on his behalf.

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The learned counsel for the petitioner has submitted that the petitioner is ready to give Rs. 75,000/- to the complainant.

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Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail provisionally for two months on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Patna in connection with Complaint Case No. 2784 (C)/2009, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that the petitioner shall make a payment of Rs. 75,000/- to the complainant and after payment of that amount within two months, the learned court below shall confirm his bail bond.

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Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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Mahesh/-

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U T

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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