Patna High Court
Sanjay Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted subject to payment of Rs. 2,00,000 in two installments and the furnishing of bail bonds and sureties.
Summary
The petitioner, Sanjay Kumar Das, sought anticipatory bail in a complaint alleging cheating and the issuance of two bounced cheques amounting to Rs. 4,00,000, filed under Sections 406 and 420 of the IPC and Sections 138 and 141 of the Negotiable Instruments Act. The petitioner offered to pay the amount of one bounced cheque (Rs. 2,00,000) and argued that he should not be arrested. The complainant opposed the bail, contending that both cheques had bounced and the amount was due. The court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, directing the petitioner to furnish bail bonds of Rs. 10,000 with two sureties and to pay Rs. 2,00,000 in two installments, the first Rs. 1,00,000 as a condition for provisional bail and the second to confirm interim bail. The deposited amount was to be handed over to the complainant.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences of cheating and cheque bounce.
- Whether the petitioner should be conditioned to pay the bounced cheque amount as a prerequisite for bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138, 141
Subjects
- anticipatory bail
- cheating
- cheque bounce
- Section 406 IPC
- Section 420 IPC
- Section 138 NI Act
- Section 141 NI Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80706 of 2024
Arising Out of PS. Case No.-874 Year-2021 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Sanjay Kumar Das Son of Yogendra Das Village- Paur Malshah
Mohammadpur, Po- Pour, Ps- Tisiauta, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Parnav Kumar Wats son of Naresh Chandra Jha @ Laddu Baba village-
Professor colony, Ward no. 16, Gangajala, Po- Saharsa, ps- Saharsa, Dist-
Saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushotam Sharma, Advocate
For the State : Mr. Uma Shankar Prasad Singh, A.P.P.
For the O.P. No.2 : Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard the learned counsel for the petitioner, the
learned counsel for the complainant and the learned A.P.P. for
the State.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 874 (C) of 2021 instituted under
Sections 406 and 420 of the I.P.C. and Sections 138 and 141 of
N.I. Act.
3. As per prosecution case, the allegation against
the petitioner is of cheating the complainant of Rs. 4,00,000/-.
4. Learned counsel for the petitioner submits that
he had issued a cheque of Rs. 2,00,000/- in favour of the
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complainant which has bounced and he is ready to pay that
amount to the complainant without prejudice to his rights and
defence.
5. The learned counsel for the complainant, Mr.
Chandra Mohan Jha, opposes the prayer for anticipatory bail of
the petitioner and he submits that both the cheques have
bounced and an amount of Rs. 4,00,000/- is due to the petitioner
but it has been controverted by the learned counsel for the
petitioner by saying that one cheque of Rs. 2,00,000/- has
bounced and Mr. Chandra Mohan Jha is arguing the case
without proper instruction.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned JM 1st Class, Saharsa in connection with Complaint
Case No. 874 (C) of 2021, subject to the conditions laid down in
Section 438 (2) of the Cr. P.C, Section 482 of the B.N.S.S.
7. The petitioner is directed to return the amount of
Rs. 2,00,000/- (Two Lakhs) at the time of furnishing bail bonds
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in two installments. After deposit of first installment of Rs.
1,00,000/- (One Lakh), the petitioner shall be granted
provisional bail and after deposit of second installment, the
interim bail of the petitioner shall be confirmed. The amount so
deposited through bank draft shall be handed over to the
complainant by the court below.
(Sandeep Kumar, J)
vashudha/-
U T
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