Rajesh Pankaj Dwivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50674 of 2025 Arising Out of PS. Case No.-7273 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Rajesh Pankaj Dwivedi S/o Late Kamtanath Dwivedi Resident of VillageChowk, Shikarpur, Patna City, P.S.- Chowk, Dist- Patna 2.

Alok Kumar S/o Awadhesh Mishra R/o Dalsinghsarai, P.S.- Dalsinghsarai, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Miss Somya Janki, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Section 420 of the Indian Penal Code and Section 138 of the N.I.Act.

3. It is a case of 'cheque bounce'. As per F.I.R., petitioner no. 1 issued a cheque of Rs. 5,00,000/- (Five Lakhs) to the complainant, which got dishonoured on 04.05.2022 with the reason "Payment stopped by the drawer".

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence, as alleged in the complaint petition. However, by filing supplementary affidavit, without admitting the allegation made

Patna High Court CR. MISC. No.50674 of 2025(4) dt.08-10-2025 2/3 in the complaint petition, learned counsel for the petitioners submits that petitioners are ready to deposit Rs. 5,00,000/- (Rupees five lakhs) in easy installments in the Nazarat of concerned Civil Court.

5. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City (Patna) in connection with Complaint Case No. 7273 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482 of the B.N.S.S., 2023, with further following conditions:

"(A) At the time of furnishing bail-bonds, the petitioners shall deposit Rs. 3,00,000/- (Three Lakhs) in the Nazarat of concerned Civil Court and receipt of the same shall be furnished alongwith bail-bonds.

(B) Rest amount of Rs. 2,00,000/- (Two Lakhs) shall be deposited in the Nazarat of concerned Civil Court in two equal installments of Rs. 1,00,000/- (One lakh) each within a period of three months from the date of furnishing bailbonds.

Patna High Court CR. MISC. No.50674 of 2025(4) dt.08-10-2025 3/3 (C) The aforesaid payment shall be subject to final outcome of the case.

(D) If petitioners fail to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bonds of the petitioners."

6. This order has been passed, without going into the merit of the case, only for the purpose of considering the prayer for anticipatory bail of petitioners.

(Prabhat Kumar Singh, J) anay U T