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Judgment
2/29.07.2026 Heard learned counsels for petitioner and for State.
The petitioner is apprehending his arrest in connection with Sector XII PS Case No.155 of 2025, for offence registered under section 316(2), 318(4), 351(3), 352 read with section 3(5) of BNS, 2023 and Section 138 of Negotiable Instrument Act, pending in court of learned S.D.J.M., Bokaro.
Learned counsel for petitioner submits that the petitioner has not entered into any agreement for sale of land with the informant and the agreement was entered into by the co-accused namely Halim Ansari and Manik Bhattacharya on one side and the informant Tamanna Parvez and even the petitioner was not witness to the said agreement. He next submits that co-accused Halim Ansari who has entered into the agreement for sale of land has been granted anticipatory bail by the learned Sessions Judge in ABP No.132 of 2026. He also submits that the cheque issued by his son was dishonoured and thereafter the petitioner was forced to issue cheque which has been dishonoured and thereafter the FIR has been lodged. He next submits that the complaint case is not filed under section 138 of Negotiable Instruments Act whereas the FIR has been lodged and, on these grounds, he submits that anticipatory bail may kindly be granted.
Leaned counsel for the respondent State as well as the learned counsel for the informant jointly oppose the prayer for anticipatory bail and submit that allegations are there of taking money and not executing the deed and in view of that anticipatory bail may kindly be rejected.
Considering that Halim Ansari, who is the land broker has been granted anticipatory bail by the learned Sessions Judge in ABP No.132 of 2026 and the petitioner is not the signatory to the agreement dated 11.12.2020, i.e., between the other accused persons and it has been pointed out that the son of the petitioner has issued the cheque which was dishonoured and thereafter the petitioner was forced to issue the cheque and further on dishonour of the said cheque, the present case has been lodged, and in the attending facts and circumstances of the instant case, I am inclined to grant anticipatory bail to petitioner.
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 S.D.J.M., Bokaro, in connection with Sector XII PS Case No.155 of 2025, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.
