Granted anticipatory bail to the petitioner in a cheating case involving cheque dishonour, subject to a condition that he deposit a specified sum to the complainant to settle the private dispute.
Released on bail with a condition to pay Rs. 2,50,000 immediately and Rs. 4,00,000 in two instalments to the complainant.
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.59784 of 2023
Arising Out of PS. Case No.-2451 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur
======================================================
Sonu Kumar Son Of Arun Prasad Resident Of Village - Chhajan Harishankar, Gola Chawk, P.S. - Kudhani, District - Muzaffarpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Complainant/O.P. NO.2 : Mr. Arvind Kumar, Advocate For the State : Mr. Anil Kumar Singh No. 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
3 01-11-2023 Heard Mr. Nachiketa Jha, learned counsel for the
petitioner, Mr. Arvind Kumar, learned counsel appearing on behalf of the Complainant/Opposite Party No. 2 and Mr. Anil Kumar Singh No. 1, learned APP for the State.
Patna High Court CR. MISC. No.59784 of 2023(3) dt.01-11-2023 2/4
On 05.05.2018, the petitioner gave a cheque of Rs. 6,50,000/but the same was dishonoured.
Patna High Court CR. MISC. No.59784 of 2023(3) dt.01-11-2023 3/4
with two sureties of the like amount each to the satisfaction of learned A.C.J.M.Ist, (East), Muzaffarpur in connection with Complaint Case No. 2451 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(i) Let the petitioner deposit Rs. 2,50,000/- by way of demand draft in favour of Complainant/opposite party no. 2 at the time of furnishing bail bond and rest amount of Rs. 4,00,000/- shall pay in two equal installments by way of demand draft in favour of Complainant/opposite party no. 2 and the learned Court below is directed to hand over the demand draft to the complainant or his representative. If the petitioner fails to pay any instalment, the opposite party no. 2 shall be at liberty to move for cancellation of bail before the competent court.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(iii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.59784 of 2023(3) dt.01-11-2023 4/4
for cancellation of bail.
(iv) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioner is entitled to release on bail subject to performance of a private undertaking to pay money?
Whether conditions for bail involving payment of disputed amount to complainant are lawful?
1 provisions across 1 enactments
Sonu Kumar
The State of Bihar
Prashant Kumar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
