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Patna High CourtCR. MISC./1621/2025bail granted

Bihari Kumar Yadav @ Bihari Yadav v. The State Of Bihar

2025-02-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1621 of 2025 Arising Out of PS. Case No.-6295 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Bihari Kumar Yadav @ Bihari Yadav Son of Late Ram Vilash Yadav VillageDomiya, Ward No. 9, P.S.- Bachhwara Raniganj, Dist-. Begusarai, PIN Code 851111 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meshars MDB Steel Pvt. Ltd. Director Shree Sandeep Kumar Bubna Son of Late Krishna Kumar Bubna village- 2A, Durga Vihar Commercial complex, S.P. Verma Road, Ps- Gandhi Maidan, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Binod Kumar Mr.Gautam Kr. Kejriwal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 406, 420, 409, 384 and 385 of the Indian Penal Code and Section 138 of the N.I.Act.

3. As per the prosecution case, pursuant to compromise between the parties, two cheques of one lakh each were issued by this petitioner, which got dishonoured due to insufficient fund.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.1621 of 2025(2) dt.11-02-2025 2/2 entire prosecution case is false and concocted. In fact, alleged both cheques were given to the complainant for the purpose of business transaction, but due to oblique motive, the complainant presented the same in the bank, which got bounced. Petitioner has already paid entire money to complainant. Moreover, the dispute is purely of a civil nature, for which, complainant has got alternative remedy.

5. Learned counsel for opposite party no. 2 opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Complaint Case No. 6295(C) of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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