← Library
Patna High CourtCR. MISC./18854/2024bail granted

Prem Ranjan v. The State Of Bihar

2024-06-25Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18854 of 2024 Arising Out of PS. Case No.-3490 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Prem Ranjan S/O- Nawal Prasad R/O- Village- M/S- Prem Electronics, Garhpar (ANEAR Dr. Saraswati Devi), P.S.- Biharsharif, Dist.- Nalanda, Presently Residing At Mohalla- Professor Colony, Nilgiri, P.S.- Biharsarif, Dist.- Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar, Patna 2.

Anjani Kumar S/O- Bhola Prasad R/O- A.K. Enterprises, Office And/Or Sakin Laxmi Niwas Near Khoja Emali, P.S.- Phulwarisharif, Dist- Patna, Pin- 801505 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

Mr. Anurag Saurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. As per prosecution case, cheques amounting to Rs. 6,43,736/- which were issued by the petitioner to the complainant got bounced due to insufficiency of fund.

4. Learned counsel for the petitioner submits that the petitioner is ready to pay approx 50% of the alleged amount i.e. Rs. 3,25,000/- (Rs. Three Lacs Twenty-Five Thousand) in easy

Patna High Court CR. MISC. No.18854 of 2024(4) dt.25-06-2024 2/3 installments, without admitting his guilt.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Complaint Case No. 3490(C) of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 1,00,000/- (Rs. One Lac) through Bank Draft in the Nazarat of the court below and produce its receipt at the time of furnishing bail-bond and thereafter, rest amount i.e., 2,25,000/- (Rs.

Two Lacs TwentyFive Thousand) shall be deposited in four equal installments i.e. Rs. 56,250/- (Rs. Fifty-Six Thousand Two Hundred Fifty) each within one year through Bank Draft in the Nazarat of the court below, failing which, the learned court below shall be at liberty to cancel the bail-bond.

6. It is made clear that without going into the merit of

Patna High Court CR. MISC. No.18854 of 2024(4) dt.25-06-2024 3/3 the case, this order has been passed only for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) Navya/- U T