Md. Babuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72914 of 2022 Arising Out of PS. Case No.-54 Year-2020 Thana- KORHA District- Katihar ====================================================== MD. BABUDDIN Resident of village- Makdumsarai, P.S.- Siwan Muffasil, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 419, 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

3. It is alleged that this petitioner issued three cheques of Rs. 1,00,000/- (one lac) each and one cheque of Rs. 25,000/- (twenty five thousand), but all the cheques bounced due to insufficient fund.

4. It is submitted on behalf of petitioner that there is inordinate delay of two years in lodging this case. This petitioner has already paid entire due amount in cash, but due to ill motive, the informant has lodged this false and fabricated case.

5. However, learned A.P.P. for the State vehemently opposes the bail petition and submitted that cheques, issued by

Patna High Court CR. MISC. No.72914 of 2022(7) dt.18-07-2023 2/2 the petitioner in favour of informant, got dishonoured due to insufficient fund.

6. Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T