IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80706 of 2024 Arising Out of PS. Case No.-874 Year-2021 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Sanjay Kumar Das Son of Yogendra Das Village- Paur Malshah Mohammadpur, Po- Pour, Ps- Tisiauta, Dist- Vaishali ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Parnav Kumar Wats son of Naresh Chandra Jha @ Laddu Baba village- Professor colony, Ward no. 16, Gangajala, Po- Saharsa, ps- Saharsa, Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Purushotam Sharma, Advocate For the State : Mr. Uma Shankar Prasad Singh, A.P.P. For the O.P. No.2 : Mr. Chandra Mohan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 09-02-2026 Heard the learned counsel for the petitioner, the learned counsel for the complainant and the learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Complaint Case No. 874 (C) of 2021 instituted under Sections 406 and 420 of the I.P.C. and Sections 138 and 141 of N.I. Act. 3. As per prosecution case, the allegation against the petitioner is of cheating the complainant of Rs. 4,00,000/-. 4. Learned counsel for the petitioner submits that he had issued a cheque of Rs. 2,00,000/- in favour of the Patna High Court CR. MISC. No.80706 of 2024(3) dt.09-02-2026 2/3 complainant which has bounced and he is ready to pay that amount to the complainant without prejudice to his rights and defence. 5. The learned counsel for the complainant, Mr. Chandra Mohan Jha, opposes the prayer for anticipatory bail of the petitioner and he submits that both the cheques have bounced and an amount of Rs. 4,00,000/- is due to the petitioner but it has been controverted by the learned counsel for the petitioner by saying that one cheque of Rs. 2,00,000/- has bounced and Mr. Chandra Mohan Jha is arguing the case without proper instruction. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Saharsa in connection with Complaint Case No. 874 (C) of 2021, subject to the conditions laid down in Section 438 (2) of the Cr. P.C, Section 482 of the B.N.S.S. 7. The petitioner is directed to return the amount of Rs. 2,00,000/- (Two Lakhs) at the time of furnishing bail bonds Patna High Court CR. MISC. No.80706 of 2024(3) dt.09-02-2026 3/3 in two installments. After deposit of first installment of Rs. 1,00,000/- (One Lakh), the petitioner shall be granted provisional bail and after deposit of second installment, the interim bail of the petitioner shall be confirmed. The amount so deposited through bank draft shall be handed over to the complainant by the court below. vashudha/- (Sandeep Kumar, J) U T