IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32443 of 2025 Arising Out of PS. Case No.-331 Year-2024 Thana- SAHPUR District- Patna ====================================================== 1. KANCHAN KUMARI Wife of Sri Deepak Kumar Resident of Village - Navdiha, P.O. and P.S.- Khaira, District - Jamui and at present residing at Yarpur, Gardanibagh, P.S.- Gardanibagh, District - Patna. 2. Sri Deepak Kumar Son of Mohan Singh Resident of Village - Navdiha, P.O. and P.S.- Khaira, District - Jamui and at present residing at Yarpur, Gardanibagh, P.S.- Gardanibagh, District - Patna. ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Madhesh Kumar Son of Some Nath Sao Resident of village - Bhagwatipur, P.O.- Neura, P.S.- Shahpur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shovendra Kumar, Advocate For the State : Mr.Prem Kumar Jha, APP For O.P. No.2 : Mr. Vijay Kumar, Advocate Mr. Satish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 13-08-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2. The petitioners who apprehend arrest in connection with Shahpur P.S. Case No. 331 of 2024 lodged on 03.10.2024 for the offences punishable under sections 406, 420/34 of the Indian Penal Code and Section 138 of the N.I. Act. 3. As per the prosecution, the F.I.R. has been lodged alleging that the petitioners entered into a registered agreement to sell their land to the informant and his friend for a consideration amount of 85,00,000/-. In pursuance of the said ₹ agreement, the informant paid a total of ₹64,50,000/- on Patna High Court CR. MISC. No.32443 of 2025(3) dt.13-08-2025 2/3 different dates and requested the petitioners to execute the registration of the land in question. However, the petitioners allegedly kept making excuses and ultimately, during a panchayati, provided four cheques of 15,00,000/- each. Out of ₹ these four cheques, two were presented before the bank for encashment but were dishonoured. Thereafter, the informant served a legal notice demanding the return of the amount paid, but the petitioners failed to refund the money. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The accusations in the FIR are false and fabricated. It is contended that, as per the agreement dated 30.05.2023, petitioner no.1, Kanchan Kumari, had received only 34,50,000/- and out of ₹ this amount, 30,00,000/- was returned in cash in different ₹ installments. However, the informant did not issue any receipt for the returned amount. It is further submitted that the petitioners have a clean antecedent. 5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioners are cheats who mala fidely entered into an agreement for a particular piece of land which was already under dispute. Though the petitioners provided four cheques of 15,00,000/- ₹ Patna High Court CR. MISC. No.32443 of 2025(3) dt.13-08-2025 3/3 each, two of these were dishonoured. The learned counsel for the informant produced before the Court the original agreement deed and the original cheques, and contended that the petitioners are at fault; hence, their prayer for anticipatory bail should be rejected. 6. Learned APP for the State opposes the prayer for bail but fairly submits that, for dishonouring of cheques, the present case is maintainable under the Negotiable Instruments Act. 7. In the facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of their arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- ₹ (Rupees Thirty Thousand only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the SDJM, Danapur, Patna, in connection with Shahpur P.S. Case No. 331 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. Ashwini/- (Dr. Anshuman, J) U T