Nandan Kumar @ Nandan Kumar Singh Vs The State of Bihar — Cheque Dishonour | Patna HC (2024)

Nandan Kumar @ Nandan Kumar Singh Vs The State of Bihar — Cheque Dishonour | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in connection with Tekari P.S. Case No. 446 of 2019: on arrest/surrender within six weeks, release upon furnishing bail bonds of Rs. 10,000/- with two sureties of like amount each to the satisfaction of A.C.J.M.-VI, Gaya, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Tekari P.S. Case No. 446 of 2019 dated 10.12.2019 (offences under Sections 406, 420 IPC read with Section 138 N.I. Act, arising allegedly from borrowed bricks worth Rs. 8,77,000 and two bounced cheques), should be granted anticipatory bail.

Court's answer

Anticipatory bail is granted: in the event of arrest or surrender of the petitioner within six weeks, he will be released on anticipatory bail in connection with Tekari P.S. Case No. 446 of 2019.

Ratio / Principle

The anticipatory bail is conditional: petitioner must furnish bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Gaya, and comply with the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted by the Patna High Court (Criminal Miscellaneous No.2527 of 2024, Justice Khatim Reza, decided 07-02-2024) to a petitioner apprehending arrest in Tekari P.S. Case No. 446 of 2019 dated 10.12.2019, instituted under Sections 406, 420 of the Indian Penal Code read with Section 138 N.I. Act. Prosecution alleges the petitioner borrowed bricks worth Rs. 8,77,000/- from the informant and gave two cheques (Rs. 4,00,000/- and Rs. 4,77,000/-) which bounced for insufficient balance; the petitioner was earlier granted bail in Complaint Case No. 1564 of 2019 filed by the same informant on 17.09.2019 over the same occurrence. On arrest or surrender within six weeks the petitioner is to be released on anticipatory bail upon bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-VI, Gaya, subject to Section 438(2) Cr.P.C. conditions. No precedent cases were cited or engaged with in the oral order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2527 of 2024

Arising Out of PS. Case No.-446 Year-2019 Thana- TEKARI District- Gaya

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

Nandan Kumar @ Nandan Kumar Singh S/O Surendra Singh R/O VillageKosdihra, P.S- Magadh Medical College, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 07-02-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioners apprehends arrest in connection with Tekari P.S. Case No. 446 of 2019 dated 10.12.2019 instituted for the offence punishable under Sections 406, 420 of the Indian Penal Code read with Section 138 N.I. Act.

The prosecution case, in short, is that the petitioner borrowed bricks from the informant worth or Rs. 8,77,000/-. When the informant asked for the said amount from the petitioner, he gave two cheques of Rs. 4,00,000/- and Rs. 4,77,000/- each, but when the informant went to bank to encash the said cheques, the same got bounced due to insufficient balance.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that for the same occurrence, earlier, a

Patna High Court CR. MISC. No.2527 of 2024(2) dt.07-02-2024 2/2

complaint case no. 1564 of 2019 was filed by the same informant on 17.09.2019, and in that case, the petitioner has been granted bail. Learned counsel for the petitioner submits that the present case has been lodged against the petitioner with regard to the amount of Rs. 8,77,000/-, for which two cheques were issued in favour of the informant, but the same got bounced. Lastly, it has been submitted that petitioner has one criminal case bearing Complaint Case No. 1564 of 2019 against him, which has been lodged by the same informant.

Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Tekari P.S. Case No. 446 of 2019, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Gaya subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J)

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