Amir Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2024)

Amir Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on regular 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 J.M. 1st Class, (West) Muzaffarpur, subject to the stated conditions (blood-relative bailors; presence on every court date; Sunday attendance at Maniyari Police Station with default leading to cancellation of bail bonds).

Issue for consideration

Whether the petitioner, accused in Maniyari P.S. Case No. 392 of 2023 (Sections 406, 420, 467, 468, 471 IPC and Section 138 N.I. Act) of cheating Rs. 1,12,89,468/-, and in custody since 02.01.2024 with the trial on the verge of completion, deserves release on regular bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the Court released the petitioner on regular bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class, (West) Muzaffarpur, in connection with Maniyari P.S. Case No. 392 of 2023.

Ratio / Principle

The bail was made subject to conditions: both bailors shall be blood relatives of the petitioner; the petitioner shall remain physically present on each and every date fixed by the Court below; and after release he shall mark attendance at Maniyari Police Station every Sunday of each month, any default resulting in cancellation of his bail bonds.

Detailed headnote1 paragraphs

PATNA HIGH COURT — CRIMINAL MISCELLANEOUS No. 55311 of 2024 (order dated 26-10-2024), Sandeep Kumar, J.: Regular bail granted to Amir Kumar, accused of cheating Rs. 1,12,89,468/- in Maniyari P.S. Case No. 392 of 2023 (Sections 406, 420, 467, 468, 471 IPC and Section 138 N.I. Act), who had been in custody since 02.01.2024 with the trial on the verge of completion. Bail secured by bonds of Rs. 10,000/- with two sureties of the like amount each before the learned J.M. 1st Class, (West) Muzaffarpur, subject to conditions that both bailors be blood relatives, the petitioner attend every date fixed by the Court below, and mark attendance at Maniyari Police Station every Sunday, default entailing cancellation of bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 55311 of 2024

Arising Out of PS. Case No.-392 Year-2023 Thana- MANIYARI District- Muzaffarpur

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

Amir Kumar Son of Late Ganesh Mahto @ Ganeshi Mahto R/o Hari Shabha Chowk, P.S.- Town, District - Muzaffarpur

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Jiban Pd Singh, Adv For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

ORAL ORDER

3 26-10-2024

Heard learned counsel for the petitioner, learned APP

for the State and learned counsel for the informant.

The petitioner seeks bail in connection with

Maniyari P.S. Case No. 392 of 2023 registered for the offence punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code and Section 138 of the N.I. Act.

As per the prosecution case, the petitioner is accused of cheating Rs. 1,12,89,468/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was not involved in the cheating and under pressure, everything has been accepted by him.

Learned counsel for the informant opposes the prayer for regular bail of the petitioner and submits that there is huge amount of defalcation and the petitioner has accepted his guilt. He has also submitted that in the trial, all the prosecution witnesses have been examined, therefore, the petitioner does not

Patna High Court CR. MISC. No. 55311 of 2024(3) dt.26-10-2024 2/2

deserve bail.

The trial is on the verge of completion. The petitioner is in jail since 02.01.2024

Considering the aforesaid facts and circumstances of the case as also the period of custody, let the petitioner, above named, 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 the learned J.M. 1^st Class, (West) Muzaffarpur in connection with Maniyari P.S. Case No. 392 of 2023, subject to the following conditions:

(i) Both the bailors shall be blood relatives of the petitioner.

(ii) The petitioner shall remain physically present on each and every date fixed by the Court below.

(iii) The petitioner, after being released on bail is directed to mark his attendance at Maniyari Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J)