IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43930 of 2019
Arising Out of PS. Case No.-545 Year-2018 Thana- PATNA COMPLAINT CASE District-
Patna

RANJEET KUMAR, aged about 41 years, male, Son of Sri Laxmi Prasad
Resident of Mohalla – Ranipur, Neem Tal, Post Office- Jhauganj, P.S.-
Mahadiganj, District- Patna

… … Petitioner/s
Versus
1. The State of Bihar
2. Dina Nath Prasad, (Male), aged about 54 years, Son of Late Seth Mistry
Resident of Mohalla – Station Road, P.S.- Alamganj, District- Patna

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.Bishwajeet Singh, Advocate

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER

7 25-09-2019 No one appears on behalf of the petitioner.

Learned counsel for the complainant-opposite party no. 2 is

present.

The petitioner is seeking anticipatory bail in

connection with Complaint Case No. 545 of 2018

registered under Sections 406 of the Indian Penal Code and

138 of the SectionN.I. Act.

Although, no one appears for the petitioner, but

from the perusal of the records and the submissions made

on behalf of the complainant-opposite party no. 2, it appears

that as per allegations the complainant-opposite party no. 2
Patna High Court CR. MISC. No.43930 of 2019(7) dt.25-09-2019
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had advanced a loan of Rs. 1,00,000/- (Rupees One Lakh)

to the petitioner.

Learned counsel for the complainant-opposite

party no. 2 submit that this kind of loan were being

exchanged on several occasions but this time the

complainant-opposite party no. 2 issued a cheque of Rs.

50,000/- to the petitioner towards refund of the part of the

loan amount, when the said cheque was presented for

payment, the same stood dishonoured for want of sufficient

fund.

Learned counsel for the complainant-opposite

party no. 2 submits that the petitioner has committed breach

of trust, therefore, prima-facie offence under Section 406

I.P.C. and Section 138 of the N.I. Act has been made out.

Considering the facts and circumstances of the

case where as per complaint petition the complainant-

opposite party no. 2 had been advancing loan to the

petitioner on several occasions in connection with business

but this time a cheque issued by the complainant-opposite

party no. 2 has stood dishonoured on presentation, let the

petitioner abovenamed, in the event of his arrest/surrender
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before the court below within a period of four weeks, be

enlarged on bail furnishing bail bond of Rs. 15,000/-

(Rupees Fifteen Thousand only) with two sureties of the

like amount each to the satisfaction of learned A.C.J.M. -V,

Patna City, in connection with Complaint Case No.

545/2018, subject to condition prescribed under Section

438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J)
Rajeev/-

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