Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83667 of 2024 Arising Out of PS. Case No.-72 Year-2017 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Ajay Singh Son of Markande Singh Resident of village - Nadaon Police Station - Buxar (M), Dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Kumar Singh S/o- Surendra Pratap Singh, R/o- C-15, Industrial Area, P.S.- Buxar (Ind.), Dist.-Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code as well as Section 138 of the Negotiable Instruments Act, 1881.

3. Learned counsel for the petitioner at the outset submits that the offences for which the instant FIR has been instituted carry punishment of seven years and less. It is further submitted that the police, during course of investigation, issued notice to the petitioner under Section 41(A) of the Cr.P.C. It is next submitted that petitioner cooperated with the police during the course of investigation, as such, the police never felt the

Patna High Court CR. MISC. No.83667 of 2024(3) dt.19-04-2025 2/3 need of arresting the petitioner. It is also submitted that the law is well settled that an FIR cannot be instituted with respect to an offence alleged to have been committed under Section 138 of the Negotiable Instruments Act, rather a complaint is maintainable in terms of Section 142 of the Negotiable Instruments Act, 1881 and for the said proposition learned counsel for the petitioner relies on the case of Hemant Kumar Das & Anr. Vs. The State of Bihar reported in 2018(4)PLJR

725. It is submitted that in the nature of allegation, prima facie, no offence under Sections 420 and 406 of the Indian Penal Code is made out and Section 138 of the Negotiable Instruments Act is a bailable offence. It is further submitted that the police after investigation submitted charge-sheet based on which cognizance came to be taken, as such, the petitioner apprehends his arrest. It is next submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

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

5. Considering the submissions made by the learned counsel for the petitioner and the fact that the police, during the course of investigation, never felt the need of arresting the petitioner, as such, let the petitioner above-named, in the event

Patna High Court CR. MISC. No.83667 of 2024(3) dt.19-04-2025 3/3 of his arrest or surrender before the learned Court below 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 court below where the case is pending/Successor Court in connection with Buxar (Industrial Area) P.S. Case No. 72 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T