Basant Kumar Singh @ Basant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63369 of 2025 Arising Out of PS. Case No.-420 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Basant Kumar Singh @ Basant Kumar S/o Late Tripati Narayan Singh, Proprietor M/S Bindu Agency, Residence of 1st floor, A.L.P. Arya Cooperative Colony, Transport Nagar, P.S.- Kankarbagh, District- Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyank Deepak, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 10-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Khagaria P.S. Case No. 420 of 2024, dated 21.08.2024, registered for the offences punishable under Sections 420, 406, 120B, 467, 468 and 471 of the Indian Penal Code.
3. The prosecution case, in brief, is that FIR named accused persons, under a conspiracy cheated the informant under the pretext of doing business with him and by filling wrong amount on the blank cheque given by the informant to them, they bounced the said cheque and levelled false allegation against the informant. When the informant served them a legal
2/4 notice and requested them to settle the dispute, they gave assurance that they will settle the dispute soon but they never settled the dispute.
4. Learned counsel for the petitioner submitted that on the basis of written complaint filed by the informant before the learned Chief Judicial Magistrate, Khagaria, which has been forwarded to Khagaria Police Station under Section 156(3) of the Cr.P.C., this case was registered by the Khagaria Police Station being Khagaria P.S. Case No. 420 of 2024. It is next submitted that petitioner's involvement in the alleged occurrence has not been specifically made in the entire complaint petition and from bare reading of the contents of complaint petition, it appears that no specific allegation has been levelled by the complainant against the petitioner and merely on the basis of fact that petitioner was a CNF for supply of medicines to the informant's shop, the petitioner has falsely been roped in the present case.
It is further submitted that petitioner is a proprietor of M/S Bindu Agency and is CNF for the State of Bihar for supply of medicines of the company and no any allegation is attributed against the petitioner.
3/4 jurisdiction of this Court and hence, there is no chance of his absconding or tampering with the evidence.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, prima facie this Court is of the view that petitioner's involvement is not even remotely attributed in the present case and also considering the clean antecedent of the petitioner, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria P.S. Case No. 420 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., as well as on the following conditions: (i) one of the bailors should be the family member / relative of the petitioner(s), who shall provide official document to show his / her bona fide;
(ii) the petitioner(s) shall appear on each and every
4/4 date before the learned trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his / her / their bail bond by the learned trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) Shahnawaz/- U T