This is an oral order granting bail to the petitioner in a cheque dishonour and cheating case. The High Court allowed release on bail subject to furnishing security and complying with conditions to pay the accused amount to the complainant in installments.
Release on bail with bond of Rs. 10,000/- and two sureties, subject to payment 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.54421 of 2022
Arising Out of PS. Case No.-1774 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur
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Pramod Kumar Son of Late Nagendra Sah Resident of Mohalla - Krishna Toli Brij Bihari Gali, P.S.- Brahampura, District - Muzaffarpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Adv. For the O.P. : Mr. Arun Kumar Pandey, APP For the Informant : Mr. Dinesh Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
20 20-11-2024
Heard learned counsel for the petitioner and learned
APP for the State as also learned counsel for the Informant.
Patna High Court CR. MISC. No.54421 of 2022(20) dt.20-11-2024 2/4
for a period of three months by another Co-ordinate Bench of this Court vide order dated 10.01.2023 to resolve the monetary issues as the petitioner was ready to pay all the due amount in installments.
Patna High Court CR. MISC. No.54421 of 2022(20) dt.20-11-2024 3/4
and considering the undertaking given by the learned counsel for the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Complaint Case No. 1774 of 2018 (Tr. No. 2617 of 2022), subject to the following conditions;
(i) The petitioner will pay Rs. 3,00,000/- to the Complainant within a period of three months from the date of his release on bail.
(ii) The petitioner will pay rest of the amount to the Complainant, in equal installments, within a period of nine months thereafter.
(iii) One of the bailor(s) shall be the own/close family members of the petitioner.
(iv) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.54421 of 2022(20) dt.20-11-2024 4/4
any of the aforesaid conditions, the court below will be at liberty cancel the bail of the petitioner and the petitioner will be taken into custody.
(Rudra Prakash Mishra, J)
rishi/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail pending conviction in a cheque dishonour case involving offences under Section 138 of the Negotiable Instruments Act.
Whether the undertaking to pay dues in installments suffices to grant bail in a cheating case.
Whether the court can impose conditions for installment payment of dues as a condition for bail.
2 provisions across 2 enactments
Pramod Kumar
State of Bihar
Pramod Kumar Asthana
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
