Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53257 of 2025 Arising Out of PS. Case No.-7368 Year-2024 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Saurav Kumar S/O Mahendra Thakur R/O Thakur Niwas, Shiv Colony Guru Govind Singh Link Path, Dhankehti, P.S.- Mahndiganj, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Awadh Kishore Manjhi S/O Vishudev Manjhi R/O Saket Tower, Flat No. 304, S.P. Verma Road, P.S.- Kothwali, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Rabindra Kumar.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 120B and 34 of the Indian Penal Code and Section 138 of N.I. Act. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Kumar Gaurav approached the complainant to invest in his company Mild Craft India Pvt. Ltd with two percent return on investment, accordingly the complainant invested Rs. 10 lakh, but after four months, the accused persons stopped paying the two percent benefit, further Kumar Gaurav issued cheque of Rs. 5 lakh, which on presentation for encashment, bounced. 4.

The learned counsel appearing on behalf of the petitioner submits that from perusal of the allegation as alleged in

Patna High Court CR. MISC. No.53257 of 2025(2) dt.18-08-2025 2/2 the complaint, it would manifest that the dispute is purely civil to which a criminal colour is given. It is also submitted that even presuming that the cheque on presentation for encashment bounced, but then the offence is bailable. It is next submitted that petitioner has not issued the cheque.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 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 is pending/successor court in connection with Complaint Case No. 7368(C) of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T