Patna High CourtCR. MISC./55829/2023disposed

Md. Farhat Bashir Khan v. The State Of Bihar

2024-02-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55829 of 2023 Arising Out of PS. Case No.-489 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Md. Farhat Bashir Khan S/O Late Md. Bashiruddin Khan R/O VillageMurwaut Pur, P.S- Desri, Mahnar, Distt.- Vaishali, At Present Resident Of Mohalla- Naugharwa Sultanganj, P.S- Sultanganj, Distt.- Patna, 800006. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the submits that petitioner seeks bail in a case registered under Section 406, 420, 34 and 504 of the IPC read with section 138 of the N.I. Act.

3. The learned counsel next submits that it is a settled principle of law that an FIR is not maintainable in connection with cheque bouncing cases as has been held by this Court in the case of Hemant Kumar Das & Anr. Vs. The State of Bihar 2018 (4) PLJR 725.

4. At this stage, the learned APP submits that the offences for which the instant FIR has been instituted carries punishment of seven years and less. The said submission of the learned APP is not disputed by the learned counsel for the

Patna High Court CR. MISC. No.55829 of 2023(4) dt.20-02-2024 2/2 petitioner.

5. In view of the submission made by the learned APP the anticipatory bail application is disposed of in terms of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).

6. The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case with a web copy of the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 within a period of three weeks from today and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the direction contained in the order dated 13.02.2024 in Cr. Misc. No.3536 of 2024 (Naushad Ansari vs. The State of Bihar).

(Satyavrat Verma, J) Prakash Narayan U T