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Patna High Court – Orders
Satya Bhama Devi @ Satyabhama Devi vs The State Of Bihar on 30 August, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54649 of 2025
Arising Out of PS. Case No.-819 Year-2022 Thana- RUPASPUR District- Patna
======================================================
1. Satya Bhama Devi @ Satyabhama Devi W/O Late Vimlesh Prasad Singh
R/O Flat No. 32 Awadh Kunj Apartment Kachchi Talab, P.S.- Gardani Bagh,
Dist.- Patna
2. Mani Shankar @ Mani Shankar Singh S/O Late Vimlesh Prasad Singh R/O
Flat No. 32 Awadh Kunj Apartment Kachchi Talab, P.S.- Gardani Bagh,
Dist.- Patna
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Mr. Abhishek Barnwal S/O Shri Shubh Lal Agrawal R/O Marble Vihar, West
Rupaspur, Near Gola Road, Danapur, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Singh
For the Opposite Party/s : Mr. Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-08-2025
1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 420, 425, 406, 120B and 34 of the Indian Penal Code
and Section 138 of the N. I. Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and from
perusal of the allegation as alleged in the FIR, it would manifest
that the informant in sum and substance alleges that he sold tiles
Patna High Court CR. MISC. No.54649 of 2025(2) dt.30-08-2025
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and marbles worth Rs.11,31,845/- and Rs.12,41,711/- on credit
to the firm of the petitioners and in lieu of the same, cheque of
an amount of Rs. Five Lacs was issued by Ravi Kumar, but the
same on presentation for encashment bounced.
4. The learned counsel for the petitioners submits that
from perusal of the allegation as alleged in the FIR, it would
manifest that the dispute is purely civil to which a criminal
colour has been given. It is also submitted that offence under
Section 138 of the N. I. Act is bailable. It is next submitted that
the law is well settled that with respect to bouncing of cheque,
an FIR is not maintainable. It is also submitted that if the
informant was of the opinion that his money has been siphoned
of by the petitioners, in that event, he could have approached a
Court of competent civil jurisdiction for realizing his money
where the petitioners could have appeared and would have
rebutted his claim, but then, a criminal case came to be
instituted in order to coerce the petitioners into submission, so
that fanciful demand of the informant is met.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
Patna High Court CR. MISC. No.54649 of 2025(2) dt.30-08-2025
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event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Danapur, Patna in connection with
Rupaspur P. S. Case No.819 of 2022, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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