Shishir Kumar Thakur @ Shishir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27542 of 2025 Arising Out of PS. Case No.-404 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== SHISHIR KUMAR THAKUR @ SHISHIR KUMAR S/o- Late Gajendra Thakur R/o- Police Colony Anishabad, H. NO-B/116, Ground Floor PsGardanibag Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Kedar Jha, Advocate For the State :
Mr. Mohammad Sufyan, APP For the Informant :
Mr. Rikesh Sinha, Advocate Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2025 Heard learned senior counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 406, 420, 506 and 34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act and later on, Section 409 of the Indian Penal Code was added.
3. It is a case of cheque bounce. As per prosecution case, it is alleged that the cheque amounting to Rs. 15,00,000/-, which was issued by this petitioner, got dishonored due to insufficiency of funds.
Patna High Court CR. MISC. No.27542 of 2025(3) dt.08-08-2025 2/3
4. It is submitted by learned senior counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has been implicated in this false and fabricated case with ulterior motive. However, it is submitted that at this stage, without admitting his guilt, petitioner is ready to deposit Rs. 6,00,000/- (Rupees six lakhs), in easy installments.
5. On the other hand, learned A.P.P. appearing on behalf of the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, nature of accusation and aforesaid undertaking of the petitioner, prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Addl. Chief Judicial Magistrate XIV, Patna Sadar, Patna in connection with Budhha Colony P.S. Case No. 404 of 2023, along with the following terms and conditions: "A. At the time of furnishing bail-bond Rs. 50,000/- (Rupees fifty thousand) shall be deposited through cash in the Nazarat of the Civil Court, Patna.
Patna High Court CR. MISC. No.27542 of 2025(3) dt.08-08-2025 3/3 B. Rest amount i.e. Rs. 5,50,000/- (Rupees five lacs fifty thousand) shall be deposited in the Nazarat of Civil Court, Patna, in equal monthly installments within a period of one year from the date of furnishing bail-bond.
C. The aforesaid payment shall be subject to the final outcome of the case.
D. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner."
8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) shashank/- U T