Patna High CourtCR. MISC./41686/2024bail granted

Pintu Kumar v. The State Of Bihar

2024-07-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41686 of 2024 Arising Out of PS. Case No.-931 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Pintu Kumar S/o Vishwanath Mishir R/o Village- Maharani, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Ranjan Kumar Singh @ Ranjan Singh S/o Vishambhar Singh R/o vill - Bediban, Madhuban, P.S. - Pipra, Distt. - East Chamaparan, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 406 of the IPC and Section 138 of the N.I. Act in connection with Complaint Case No.C-931 of 2021.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he and petitioner are residence of neighbouring village and thus have a good relationship, further the petitioner asked for a loan of rupees eight lakhs for purchasing a piece of land with an assurance that the amount would be returned, accordingly the complainant gave Rs.7,15,000/- to the petitioner

Patna High Court CR. MISC. No.41686 of 2024(2) dt.23-07-2024 2/3 in four installments, but when the complainant asked the petitioner to return the amount given by way of loan, the petitioner issued three cheques for an amount of Rs.7,15,000/- which on presentation for encashment bounced.

4. The learned counsel submits that from perusal of the allegation as alleged in the complaint, it would manifest that the complainant alleges that he had given a loan of Rs.7,15,000/- to the petitioner and the petitioner in lieu thereof had issued three cheques which on presentation for encashment bounced, as prima facie no offence under Section 406 of the IPC is made out. It is further submitted that offence under Section 138 of the N.I. Act is bailable.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, East Champaran, Motihari in connection with Complaint Case No.C-

Patna High Court CR. MISC. No.41686 of 2024(2) dt.23-07-2024 3/3 931 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T