Mani Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43605 of 2023 Arising Out of PS. Case No.-581 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== MANI SHEKHAR S/O SHIVJEE TIWARI R/O Village-C 195, Anishabad Police Colony, Phulwari, P.S- Shekhpura, Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ayush Kumar For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.
3. The informant alleges that the petitioner being his friend, requested for a loan of Rs. 10 lacs for treatment of his father, accordingly, the amount was transferred in the account of the wife of the petitioner in between 30.12.2021 to 19.01.2022, it is next alleged that the petitioner had assured that the amount would be returned within three months, accordingly, when the informant demanded his money back, the petitioner issued a cheque of Rs. 10 lacs which on presentation for enchashment bounced.
Patna High Court CR. MISC. No.43605 of 2023(2) dt.23-08-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that it is a case of bouncing of cheque but then no complaint case was filed, rather, an FIR came to be instituted which in terms of the N.I. Act is not maintainable, it is next submitted that the present FIR has been instituted only with a view to coerce the petitioner into submission so that he parts with the money under fear of arrest. Learned counsel next submits that, prima facie, no offence under Section 406 and 420 is made out.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case
Patna High Court CR. MISC. No.43605 of 2023(2) dt.23-08-2023 3/3 is pending/successor court in connection with Kanti P.S. Case No. 581 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T