Created by Fuzzy Cloud

Patna High Court

MD. NAUREZ ALAM @ MD. NOUREZ ALAMversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing enlargement on bail with conditions under Section 482(2) of the Bihar Negotiable Instruments Special Act, 2023.

Summary

The petitioner, Md. Naurez Alam, was charged under Sections 115(2), 318(4), 316(2) of the Bihar Negotiable Instruments Act and Section 138 of the Negotiable Instruments Act for allegedly receiving Rs. 4,50,000 from the complainant for a meat‑factory investment, paying only Rs. 15,000 as profit and issuing a cheque that later dishonoured. The petitioner claimed he never received the money from the complainant, that the cash was given to the complainant’s brother‑in‑law and returned, and that a blank cheque was misused. The State opposed bail, arguing the cheque dishonour indicated culpability. The court examined the submissions, noted the case essentially involved a cheque dishonour/loan default, and granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bihar Negotiable Instruments Special Act, 2023. The bail order also stipulated cancellation if criminal antecedents or false statements were discovered.

Issues considered

  • What is the appropriate bail disposition in a case involving alleged cheque dishonour and related offences under the Bihar Negotiable Instruments Act and the Negotiable Instruments Act?

Legislation cited

Subjects

  • bail
  • cheque dishonour
  • Negotiable Instruments Act
  • Bihar Negotiable Instruments Act
  • Section 138
  • criminal antecedents
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86403 of 2025
                  Arising Out of PS. Case No.-1817 Year-2024 Thana- COMPLAINT CASE District- Araria
                 ======================================================
                 Md. Naurez Alam @ Md. Nourez Alam Son Of Md. Shamsad Alam @ Md.
                 Shamsad Resident Of Village - Gogi Pothiya, Ward No.- 12, P.S.- Simraha,
                 District - Araria
                                                                        ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Ujala Perween Wife of Tauqueer Alam R/o village - Gogi Pothiya, Ward
                  No.- 13, P.S.- Simraha, District - Araria
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Md. Naushaduzzoha, Advocate
                 For the State           :       Md. Aslam Ansari, APP
                 For the O.P. No. 2      :       Mr. Gopal Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   06-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel for the O.P. No. 2.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Complaint Case No. 1817 C of 2024, filed

                   for the offences punishable under Sections 115(2), 318(4) and

                   316(2) of B.N.S. and Section 138 of N.I. Act.

                                 3. As per allegation, the complainant paid Rs.

                   4,50,000/- to the accused-petitioner for investing in meat factory

                   to get 50% of the profit earned by the petitioner. Thereafter, Rs.

                   15,000/- was received by the complainant from the petitioner

                   towards the profit and thereafter, nothing was being paid to her

                   and on demand, the petitioner issued one cheque of Rs.

                   4,50,000/-, but the same has got dishonored.
Patna High Court CR. MISC. No.86403 of 2025(4) dt.06-04-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. He further submits that no money has been received from

          the complainant. Rs. 4,50,000/- was received from the brother-

          in-law of the complainant i.e. Nayyar @ Nayyar Alam in cash,

          however, the same has been returned to him in cash.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State and learned

          counsel for the complainant vehemently oppose the prayer of

          the Petitioner for bail submitting that the complainant has given

          Rs. 4,50,000/- to the petitioner in cash and hence, he has issued

          one cheque in her favour, but the same has got dishonored.

                       8. By way of reply, learned counsel for the petitioner

          submits that a blank cheque was given to the brother-in-law/

          Nayyar @ Nayyar Alam of the complainant and that cheque is

          being misused by the complainant.

                       9. In view of submissions of the parties, it appears that

          basically there is case of dishonour of cheque or non-payment of
               Patna High Court CR. MISC. No.86403 of 2025(4) dt.06-04-2026
                                                           3/3




                         the loan, this petition is allowed, directing the petitioner,

                         above-named, to be enlarged on bail, in the event of his arrest or

                         surrender before the court below within a period of eight weeks

                         from the date of receipt / production of a copy of this order, on

                         his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned concerned Court below, in connection

                         with 1817-C of 2024, subject to the conditions as laid down

                         under Section 482 (2) of the B.N.S.S                 2023,   and on the

                         following conditions:

                                      (i) In case, it is brought to the notice of the court

                         below that the petitioner has any criminal antecedents, learned

                         court below shall cancel the bail bonds of the petitioner after

                         hearing him and getting satisfied that the petitioner has

                         concealed his criminal antecedents despite his knowledge of the

                         same.

                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.


                                                                       (Jitendra Kumar, J)
shoaib/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.