-1- A.B.A. No. 5614 of 2025 2025:JHHC:29189 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 5614 of 2025 ---- Virendra Kumar Tiwari @ Birendra Kumar Tiwari, aged about 44 years son of late Kameshwar Tiwari, resident of B. Morh, Goderna, PO and PS Rehla, District Palamau, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Nagmani Tiwari, Advocate Mr.Govind Ray Karn, Advocate For the State :- Mr. Sunil Kr. Dubey, Advocate For the Informant :- Mr. Vishnu Prabhakar Pathak, Advocate Miss Apurwa, Advocate ---- 4/22.09.2025 Heard learned counsels for petitioner and for State as well as learned counsel for the Informant. 2. Learned counsel appearing on behalf of the Informant submits that he has received Vakalatnama on behalf of the Informant. 3. In view of his such submission, let the Vakalatnama be taken on record on behalf of the informant. 4. The petitioner is apprehending his arrest in connection with Rehla PS Case No.86 of 2023, for offence registered under section 406, 420, 504 and 34 of IPC, pending in court of learned Chief Judicial Magistrate, Palamau at Daltonganj. 5. Learned counsel for petitioner submits that a friendly-loan was taken by the petitioner and for one of the cheque which has been dishonoured, the complaint case has already been filed and in the earlier case, the petitioner has already returned Rs.9,80,000/-. He then submits that so far as present case is concerned, it is also related to the cheque and in spite of filing of the complaint case, the present FIR has been lodged. He next submits that in the earlier complaint case, even section -2- A.B.A. No. 5614 of 2025 406 and 420 have been added in the petition under section 138 of Negotiable Instruments Act. 6. Learned State counsel opposes prayer and submits that the cheque in question was dishonoured on the ground that the signature was not found to be true. 7. Looking to the contents of the FIR, it is crystal clear that the matter is arising out of issuance of cheque and in the earlier case, the petitioner has already returned Rs.9,80,000/- and for that the complaint case has already been filed, however, the transaction is different in the present case and allegations are made that cheque was dishonoured and in absence of filing of the complant case under section 138 of Negotiable Instruments Act, the FIR has been registered under section 406, 420 and 504/34 IPC, and in the attending facts and circumstances of the present case, I am inclined to grant anticipatory bail to petitioner. 8. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Chief Judicial Magistrate, Palamau at Daltonganj, in connection with Rehla PS Case No.86 of 2023, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) Dated: 22nd Sept., 2025 SI/