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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37309 of 2023 Arising Out of PS. Case No.-387 Year-2021 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Sri Ram Sah @ Sri Ram Singh Son Of Late Nagina Sah Village Sonbarsa, Po- Siswar, Ps- Kudra, District- Kaimur (Bhabhua). Permanent Address: R/o Vill. Sonbarsa, P.O. Siswar, P.S. Kudra, District Kaimur (Bhabhua). ... ... Petitioner/s Versus
1. The State of Bihar
2. Madan Kumar Lal Late Shyamsundar Lal Village Bhokhari P.O. Bisodihri, P.S. Kargahar, District Rohtas. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP Mr.Akhouri Vipin Bihari Shrivastava,Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 15-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State and learned counsel for opposite party no. 2.
2. The petitioner apprehends his arrest in a complaint case punishable for offence under Section 420 of the Indian Penal Code and Section 138 of N.I.Act.
3. It is a case of ‘cheque bounce’. The cheque, issued by the petitioner, got disonoured due to insufficient money in the account of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. No offence under Section 420 of the I.P.C. is made out against this
Patna High Court CR. MISC. No.37309 of 2023(5) dt.15-04-2025 2/2 petitioner. The F.I.R. has been lodged with an anterior motive. Petitioner is proprietor of M/s Malti Rice Mill and there was transaction between the rice mill and the farmers, who have given the paddy crops and returned the same in forms of milled rice.
5. However, learned counsel for the opposite party no. 2 opposes the prayer for anticipatory bail and submits that petitioner is author of the cheque, which got bounced due to insufficient fund.
6. Considering the same, the prayer for anticipatory bail of petitioner is rejected.
anay (Prabhat Kumar Singh, J) U T