Ajay Singh vs The State Of Bihar on 19 April, 2025

Patna High Court – Orders

Ajay Singh vs The State Of Bihar on 19 April, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      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

3   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
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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
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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