Parasnath Prasad Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

Parasnath Prasad Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of in terms of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar); petitioner granted liberty to file representation before the concerned Superintendent of Police and Investigating Officer within three weeks, with the SP to ensure the IO strictly adheres to the directions in that order.

Issue for consideration

Whether the petitioner should be granted anticipatory bail in connection with Daudnagar P.S. Case No. 282 of 2024 (offences punishable under Sections 406 and 420 IPC and Section 138 NI Act). +2 more

Court's answer

In view of the submission of the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

Ratio / Principle

The petitioner is at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer within three weeks, with a web copy of the Naushad Ansari order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024; the Superintendent of Police shall ensure that the Investigating Officer strictly adheres to the directions contained in that order.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J) disposed of an anticipatory bail application arising out of Daudnagar P.S. Case No. 282 of 2024, District Aurangabad, alleging offences punishable under Sections 406 and 420 IPC and Section 138 NI Act. The learned APP submitted, without dispute by petitioner's counsel, that the offences carry punishment of less than seven years. Recording that the investigation was continuing and that the petitioner had not been served with notice under Section 41(A) Cr.P.C., the Court disposed of the application in terms of its earlier order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar), permitting the petitioner to file a representation before the concerned Superintendent of Police and Investigating Officer within three weeks with a web copy of that order, and directing the SP to ensure the IO strictly adheres to the directions therein. Counsel's further contention, supported by Hemant Kumar Das & Anr. vs. The State of Bihar, 2018 (4) PLJR 725, that no FIR lies for a Section 138 NI Act offence and only a complaint under Section 142 N.I Act is maintainable, was recorded but not adjudicated in this order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68585 of 2024

Arising Out of PS. Case No.-282 Year-2024 Thana- DAUDNAGAR District- Aurangabad

====================================================== Parasnath Prasad S/o Chandreshwar Prasad R/o Village- Tarar, P.S.- Tarar, Aurangabad, Pin 824143, Bihar

... ... Petitioner/s

Versus

The State of Bihar

Dhiraj Kumar S/o- Sri Vakil Singh, R/o-village-Nagwan, Post- Purenea, PSKinjar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Mayank Singh For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 09-04-2025

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

2. The learned counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Daudnagar P.S. Case No. 282 of 2024 for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

3. The learned APP, at the outset, submits that the offences for which the instant FIR has been instituted, carries punishment of less than seven years, the said submission of the learned APP is not disputed by learned counsel appearing on behalf of the petitioner.

Patna High Court CR. MISC. No.68585 of 2024(4) dt.09-04-2025 2/3

4. The learned counsel for the petitioner submits that investigation in the case against the petitioner is continuing but then the petitioner has not been given notice under Section 41(A) of the Cr.P.C, on which the learned APP submits that the case be disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

5. In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

6. The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case, within a period of three weeks from today, with a web copy of the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the state of Bihar); and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the order dated 132-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

7. At this Stage, the learned counsel for the petitioner

Patna High Court CR. MISC. No.68585 of 2024(4) dt.09-04-2025 3/3

submits that the law is well settled that with respect to an offence under Section 138 of Negotiable Instrument Act, an FIR cannot be instituted, rather a complaint is maintainable in terms of Section 142 of N.I Act and for the said proposition, relies on the case of Hemant Kumar Das & Anr. vs. The State of Bihar, 2018 (4) PLJR 725 . It is next submitted that this amply demonstrates that how police in mechanical manner institutes FIR even without appreciating the law.

(Satyavrat Verma, J)

SUMIT/-

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