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2025 DAILYLAW 30677 (PAT)

Md. Gulam Sadik v. The State of Bihar

CR. MISC./19691/2025 · 2025-07-08

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19691 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- CHAKAND District- Gaya ====================================================== Md. Gulam Sadik S/o Late Yusuf Ansari @ Late Musuf R/o Village- Karwallah Nagar, Ranapur, P.s.- Chakand, District- Gaya ... ... Petitioner/s Versus 1. The State of Bihar 2. Deepak Kumar Singh s/o- late rameshwar singh, vill- rasalpur, ps- chakand, dist.- buxar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anand Kishore Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP For the Informant : Mr. Deepak Kumar, Advocate : Mr. Atul Kumar, Advocate : Mr. Dhandev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 08-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner seeks bail in connection with Chakand P.S. Case No. 10 of 2024 instituted for the offences under Sections 420, 406 of the Indian Penal Code and Section 138 of the N.I. Act. 3. Prosecution case, in short, is that, the petitioner borrowed Rs. 4,00,000/- from the informant for building construction and issued two cheques, which were dishonoured Patna High Court CR. MISC. No.19691 of 2025(3) dt.08-07-2025 2/3 due to insufficient funds. Despite assurance, the petitioner failed to ensure their encashment. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that as per provision of N.I. Act, while lodging an FIR under Section 138 of the said Act, it is mandatory provision to issue legal notice to drawer before initiating any legal proceeding against him. Learned counsel further submitted that the petitioner has paid the entire amount to the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.07.2024 and has five criminal antecedents. 5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, nature of allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.19691 of 2025(3) dt.08-07-2025 3/3 below/concerned Court in connection with Chakand P.S. Case No. 10 of 2024. Alok Verma/- (Rudra Prakash Mishra, J) U T