Allowed¶19

Braj Kishor Sah v. The State of Bihar

Anticipatory bail – S.482 BNSS, 2023

Patna HC12 May 2025CR. MISC./83963/2024

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Case brief

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What is this about?

Patna High Court, CR. MISC. No.83963 of 2024, decided 12-05-2025, Dr. Anshuman J. Anticipatory bail under S.482 BNSS 2023 allowed; Kishanpur P.S. Case No.172 of 2021 (Supaul), FIR dated 08.09.2024 under S.138 N.I. Act; cognizance also under Ss.406, 420 IPC and S.138 N.I. Act; cheque bounce of rupees one lac; bail bond Rs.30,000; conditions under S.482(2) BNSS; CJM Supaul.

What did the court decide?

Anticipatory bail granted to the petitioner in connection with Kishanpur P.S. Case No.172 of 2021, in the event of arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs.30,000/- (Section 2(1)(d) BNSS, 2023) to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to conditions under Section 482(2) of the BNSS, 2023. ¶19

Braj Kishor Sah Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Kishanpur P.S. Case No. 172 of 2021 under Section 138 of the N.I. Act (with charge-sheet and cognizance also under Sections 406, 420 IPC and Section 138 N.I. Act), is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Court's answer

The petitioner is to be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks, on furnishing bail bond of Rs.30,000/- as mentioned in Section 2(1)(d) of the BNSS, 2023, to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No.172 of 2021.

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Ratio / Principle

The release on anticipatory bail is subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

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Detailed headnote1 paragraphs

Anticipatory bail — S.482 BNSS, 2023 — Petitioner apprehending arrest in Kishanpur P.S. Case No. 172 of 2021, lodged 08.09.2024, under S.138 N.I. Act, with charge-sheet and cognizance under Ss.406, 420 IPC and S.138 N.I. Act — FIR against two named accused including petitioner, alleging bouncing of cheque of rupees one lac — Petitioner's criminal antecedent stated to be clean; readiness to furnish bail bond and abide by conditions — Held: petitioner to be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within 4 weeks, on bail bond of Rs.30,000/- (S.2(1)(d) BNSS, 2023) to the satisfaction of Chief Judicial Magistrate, Supaul, subject to conditions under S.482(2) BNSS, 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83963 of 2024

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Arising Out of PS. Case No.-172 Year-2021 Thana- KISHANPUR District- Supaul

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

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Braj Kishor Sah S/O Hriday Lal Sah Resident of Village - Rasulpur Habib (Chandpura Bazar), Police Station -Desari, Dist- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Yogendra Prasad Yadav S/O Late Jagdish Prasad Yadav Resident of Village - Naua Bakhar, Police Station- Kishanpur, Dist- Supaul.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 12-05-2025 Heard Learned Counsel for the petitioner and Learned

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APP for the State.

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The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Kishanpur P.S. Case No. 172 of 2021, lodged on 08.09.2024, under Section 138 of the N.I. Act.

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As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner.

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Patna High Court CR. MISC. No.83963 of 2024(3) dt.12-05-2025 2/3

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Allegation of bouncing of cheque of rupees one lac has been alleged against the present petitioner.

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Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that unique procedure has been adopted in the present case. He submits that for offence under Section 138 N.I. Act FIR has been lodged but police has filed charge-sheet 406 and 420 of the Indian Penal Code and Court has taken cognizance under Sections 406, 420 of the Indian Penal Code and under Section 138 of the N.I. Act. Counsel submits that the criminal antecedent of the petitioner is clean. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

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Learned APP for the State opposes the prayer for bail of the petitioner.

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As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Supaul, in connection

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Patna High Court CR. MISC. No.83963 of 2024(3) dt.12-05-2025 3/3

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with Kishanpur P.S. Case No.172 of 2021, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

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(Dr. Anshuman, J)

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Mkr./-

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U T

Braj Kishor Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Braj Kishor Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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