Sanjay Jaiswal @ Sanjay Kumar v. The State of Bihar
CR. MISC./7195/2025 · 2025-05-16
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11362 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11362 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7195 of 2025 Arising Out of PS. Case No.-142 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Sanjay Jaiswal @ Sanjay Kumar S/o Awadhesh Jaiswal Resident of village- Mohanpur Bazar, Police station- Rupauli, District- katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ajit Kumar Singh, Advocate For the State : Mr. Madhura Nand Jha, APP For the Informant : Mr. Debesh Kr. Poddar, Advocate Mr. Vivekanand Vivek, Advocate Mr. Ran Nath Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 16-05-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 420, 406, 506 and 120B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. 3. As per prosecution case, there is specific allegation against this petitioner of committing breach of trust and forgery of Rs. 14,40,000/- with the informant by issuing six cheques which got bounced due to insufficiency of funds. 4. Earlier, the petitioner had moved before this Court for grant of anticipatory bail vide Cr. Misc. No. 2928 of 2024
Patna High Court CR. MISC. No.7195 of 2025(3) dt.16-05-2025 2/3 which was allowed vide order dated 07.03.2024 with the following conditions:-
“A. At the time of furnishing bail-bond Rs. 2,00,000/- (Rupees two lacs) shall be deposited through cash in the Nazarat of the Civil Court, Purnea. B. Rest amount i.e. Rs. 12,40,000/- (Rupees twelve lacs forty thousand) shall be deposited in the Nazarat of Civil Court, Purnea, in equal monthly installments within a period of two years from the date of furnishing bail- bond. C. The aforesaid payment shall be subject to the final outcome of the case. D. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.”
5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has been falsely implicated in this case. Petitioner could not arrange the alleged amount and as such, he surrendered and is in custody since 24.04.2024. 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he committed forgery with the informant. Petitioner has got one criminal antecedent. 7. Considering the specific and direct nature of accusation, criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.7195 of 2025(3) dt.16-05-2025 3/3 conduct of petitioner, the prayer for grant bail of to the petitioner is rejected. shashank/- (Prabhat Kumar Singh, J) U T