Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2658 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Mahendra Prasadson of Late Sukhdeo Sah, resident of village- Nokha, P.S. Nokha, Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in Nokha P.S.Case No.63/16 registered for the offence under Sections 406, 420, 504, 506 of I.P.C. and Section 138 of Negotiable Instrument Act.

Accusation is that informant sold paddy worth Rs.24,00,000/- lacs to the rice mill of the petitioner, but on repeated demand the petitioner did not paid the money to the informant. On 25.11.2015 the petitioner handed over 12 cheques each of Rs.2/- lacs to the informant but on presentation of the said cheques before the Punjab National Bank for encashment same were returned dishonoured due to insufficient amount in the account of the petitioner.

Patna High Court Cr.Misc. No.2658 of 2017 (8) dt.18-07-2017 2/2 Learned counsel for the petitioner submits that since this is a case of dishonour of the cheque, offence under Sections 406 and 420 of the I.P.C. will not be applicable. Having considered the facts and circumstances of the case and nature of the allegation I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner is, accordingly, rejected.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T