The Patna High Court granted bail to the petitioner in a case for cheating and dishonour of cheque. He is to surrender on bail with a bond and two sureties, complying with trial dates and not tampering with evidence.
Petitioner granted bail on bond of Rs. 10,000 with two sureties of like amount each, subject to specified conditions.
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.7217 of 2023
Arising Out of PS. Case No.-126 Year-2021 Thana- GOVINDPUR District- Nawada
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UTTAM GUHA S/O LATE NIRMALENDU GUHA Resident of villageRamkrishna para Matigara, P.S.- Matigara, District- Darjeeling (West Bengal), at present residing at Bethal International School, Residnet of Village- Thali Bazar, P.S.- Govindpur, District- Nawada.
... ... Petitioner/s
Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Adv. For the Opposite Party/s : Mr.Binod Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
6 20-07-2023
Heard learned counsel for the petitioner and learned
counsel for the informant as well as learned A.P.P. for the State.
The petitioner seeks bail in connection with Govindpur P.S. Case No. 126 of 2021 registered for the offence under Sections 420 and 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.
This case relates to misappropriation and cheating of money of the informant by the petitioner.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the allegation, as alleged in the F.I.R., is false and fabricated and the petitioner has not committed any offence. He further submits that the informant has not paid any amount to the petitioner and
Patna High Court CR. MISC. No.7217 of 2023(6) dt.20-07-2023 2/3
in fact the petitioner has given twelve blank cheques to the informant and the same are misused by the informant and lodged a false and frivolous case against the petitioner. He further submits that the informant has not complied the mandatory provisions as required under Section 138 of the N.I. Act. The petitioner is rotting in judicial custody since 24.08.2022.
Learned counsel for the informant as well as learned A.P.P. for the State opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Nawada in connection with Govindpur P.S. Case No. 126 of 2021 with the following conditions:-
(1) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage,
Patna High Court CR. MISC. No.7217 of 2023(6) dt.20-07-2023 3/3
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)
brajesh/-
U T
3 issues framed by the court
Whether to grant bail to the petitioner in a case involving cheating and dishonour of cheque.
Whether the petitioner should be released on bail subject to surety conditions.
Whether to impose conditions regarding criminal antecedents on the petitioner's bail.
2 provisions across 2 enactments
Uttam Guha
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
