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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within eight weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Patna/concerned court, subject to Section 438(2) CrPC conditions and the additional conditions stated in the order.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Complaint Case No. 2647(C) of 2009 (offences under Section 420 IPC and Section 138 N.I. Act), should be released on pre-arrest/anticipatory bail in the event of arrest or surrender.

Court's answer

Having regard to the facts, submissions, return of money by the petitioner and the civil nature of the dispute, anticipatory bail granted: the petitioner is to be released on bail in the event of arrest or surrender within eight weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Patna/concerned court in Complaint Case No. 2647(C) of 2009.

Ratio / Principle

The bail is subject to the conditions laid down under Section 438(2) CrPC and further conditions: (i) one of the bailors shall be a close relative of the petitioner, and (ii) the petitioner shall remain present on each and every date fixed by the court below if so required by the learned trial court.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court allowed the petition of Pankaj Kumar apprehending arrest in Complaint Case No. 2647(C) of 2009 (arising out of PS Case No. 2647 of 2009, Patna Complaint Case, District Patna), wherein cognizance had been taken and process ordered for offences under Section 420 IPC and Section 138 N.I. Act. Prosecution case: petitioner, appointed power of attorney by the complainant for sale of property, gave a cheque which was dishonoured for insufficiency of funds. Counsel stated the cheque amount had been paid with a supplementary affidavit filed, and the dispute was monetary/civil in nature; petitioner had four cases by the same complainant, with acquittals in two and bail in two. Considering return of money and civil nature of dispute, the Court directed release on bail in the event of arrest or surrender within eight weeks on a bond of Rs.10,000/- with two like sureties, subject to Section 438(2) CrPC and further conditions (one bailor a close relative; attendance on dates as required by the trial court).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81879 of 2023

Arising Out of PS. Case No.-2647 Year-2009 Thana- PATNA COMPLAINT CASE DistrictPatna

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Pankaj Kumar Son of Sri Upendra Mandal R/o House No. 17 C/o Niraj Kumar Thakur Sri Nagar A.G. Colony, P.S. - Shastrinagar, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

Narendra Prasad Singh Son of Late Shyam Narayan Singh R/o vill - Ramjichak, P.S. - Digha, Distt. - Patna

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Kaushal Kumar, Advocate For the Opposite Party/s : Mr.Ram Naresh Ray, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 21-03-2024

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner is apprehending his arrest in connection with Complaint Case No. 2647(C) of 2009, filed on 05.10.2009 wherein processes have been directed to be issued after cognizance being taken for the offences under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

As per prosecution case, the petitioner was appointed as power of attorney by the complainant for selling some property but after selling the property cheque given by the petitioner to the complainant was dishonoured due to

Patna High Court CR. MISC. No.81879 of 2023(3) dt.21-03-2024 2/3

insufficient fund.

Learned counsel for the petitioner submits that the matter has made payment of the amount of cheque and a supplementary affidavit in this regard has been filed and nothing remains in the matter and it was matter of monetary transaction. The petitioner is having criminal antecedent of four cases and all the cases have been filed by the same complainant. Out of four cases, in two cases petitioner has been acquitted and in other two cases he is on bail.

Learned APP opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the return of money by the petitioner and civil nature of dispute, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Patna/concerned court in connection with Complaint Case No. 2647(C) of 2009, subject to the condition as laid down under Section 438(2) of the Code

Patna High Court CR. MISC. No.81879 of 2023(3) dt.21-03-2024 3/3

of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J)

DKS/-

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