Sanjeet Singh @ Sanjeet Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62713 of 2018 Arising Out of PS. Case No.-15 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Sanjeet Singh @ Sanjeet Kumar Singh Son of Sachchidanand Singh Resident of Village- Koylakund, Police Station- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel representing the informant.

The petitioner is apprehending his arrest in connection with Kalyanpur PS Case No. 15 of 2018 for the offence under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

Learned counsel for the petitioner submits that the instant case has been registered at the instance of the informant on account of dishonour of cheque issued by the petitioner due to insufficiency of fund. Learned counsel submits that on account of dishonour of cheque under Section 138 of the N I Act complaint is permissible and not FIR and as such he submits that very initiation of the criminal case is without jurisdiction.

Patna High Court Cr.Misc. No.62713 of 2018(3) dt.13-12-2018 2/2 Considering the fact that the petitioner has no criminal antecedent and in the case related to dishonour of cheque initiation of criminal case by way of FIR is not permissible, the Court is inclined to grant bail to the petitioner. In the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Kalyanpur PS Case No. 15 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) mrl./- U T