Pradeep Kumar Rai @ Pradeep Kumar Ray @ Pradip Ray Vs The… — Cheque Dishonour | Patna HC (2024)

Pradeep Kumar Rai @ Pradeep Kumar Ray @ Pradip Ray Vs The… — Cheque Dishonour | Patna HC (2024)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: on arrest/surrender within six weeks, release on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, subject to Section 438(2) Cr.P.C. conditions, in connection with Nautan P.S. Case No. 206 of 2020.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Nautan P.S. Case No. 206 of 2020 (arising out of Complaint Case No. 2255/2016), instituted for offences punishable under Sections 420, 120(B) of the IPC and Sections 138, 142 of N.I. Act.

Court's answer

This court decided that, having considered the facts, circumstances and counsel's submissions, in the event of arrest or surrender of the petitioner within six weeks from the date of the order, in connection with Nautan P.S. Case No. 206 of 2020, he shall 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 learned Chief Judicial Magistrate, Siwan, subject to conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J), oral order dated 07-03-2024 on Criminal Miscellaneous No.81506 of 2023: anticipatory bail granted to petitioner PRADEEP KUMAR RAI @ PRADEEP KUMAR RAY @ PRADIP RAY, submitted by counsel to be a contractor of Road Construction Department with no criminal history, apprehending arrest under Nautan P.S. Case No. 206 of 2020 (arising out of Complaint Case No. 2255/2016, FIR dated 10.12.2020, District Siwan), instituted for offences punishable under Sections 420, 120(B) IPC and Sections 138, 142 N.I. Act; court-recorded allegation that petitioner cheated the complainant (Rakesh Kumar Mishra) for a sum of Rs. 35 Lacs in a partnership business. Counsel's submissions: power of attorney executed in favour of complainant on 22.12.2018; complainant terminated by Deed of Revocation on 10.08.2010; informatory petition No. 103/2015 filed before CJM, Buxar on 09.01.2015 after signed cheques went missing; Complaint Case filed 20.04.2017 and converted into FIR by CJM, Buxar; complaint/FIR lodged about six years after termination. On arrest/surrender within six weeks of the order, petitioner to be released on anticipatory bail upon bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Siwan, subject to Section 438(2) Cr.P.C. conditions. No precedent cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81506 of 2023

Arising Out of PS. Case No.-206 Year-2020 Thana- NAUTAN District- Siwan

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

PRADEEP KUMAR RAI @ PRADEEP KUMAR RAY @ PRADIP RAY S/O SHRI RAJKISHORE RAI VILLAGE- REPURA, PS. HATHUWA, DIST. GOPALGANJ

... ... Petitioner/s

Versus

The State of Bihar

RAKESH KUMAR MISHRA S/O RAMESHWAR MISHRA VILLAGEHASUA, PS. NAUTAN, DIST. SIWAN

... ... Opposite Party/s

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

For the Petitioner/s : Mr. Arbind Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Ataur Rahman, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection

with Nautan P.S. Case No. 206 of 2020 (arising out of Complaint Case No. 2255/2016) dated 10.12.2020 instituted for the offence punishable under Sections 420, 120(B) of the IPC and Section 138, 142 of N.I. Act.

The allegation against the petitioner is that the petitioner had cheated the complainant for a sum of Rs. 35 Lacs in business which runs in partnership.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is also submitted that petitioner is a contractor of Road

Patna High Court CR. MISC. No.81506 of 2023(3) dt.07-03-2024 2/3

Construction Department. The petitioner obtained a tender for road construction from Public Works Department and on 22.12.2018, the petitioner executed power of attorney in favour of complainant by which the complainant was empowered for running contract business of the petitioner of Public Works Department (Road). It is further submitted that the petitioner opened a joint account in the State Bank of India, Main Road, Buxar Branch with the complainant. The work was going on but the complainant failed to comply with the balance sheet account, then the petitioner terminated him from his company by Deed of Revocation on 10.08.2010. After termination of the complainant, when the petitioner took charge of contract work and after some years, he learnt that two signed cheques of the petitioner were missing. Soon thereafter, the petitioner filed an informatory petition bearing No. 103/2015 before the learned CJM, Buxar on 09.01.2015. The present Complaint Case has been filed on 20.04.2017 which was converted into FIR by the order of learned Chief Judicial Magistrate, Buxar. It is also submitted that the present Complaint Case/FIR has been lodged after six years of termination of complainant from his company. Lastly, it has been submitted that petitioner has got no criminal history.

Patna High Court CR. MISC. No.81506 of 2023(3) dt.07-03-2024 3/3

Learned A.P.P. has opposed the prayer for

anticipatory bail of the petitioners.

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 Nautan P.S. Case No. 206 of 2020 (arising out of Complaint Case No. 2255/2016), 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 learned Chief Judicial Magistrate, Siwan subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J)

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