Case Facts:
Patna High Court Cr.Misc. No.42253 of 2011 (4) dt.14-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42253 of 2011 ====================================================== Vishwanath Sah, son of late Hulash Sah, resident of Chandani Chowk Sonbarsa, – P.S. – Sonbarsa, District – Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar 2. Manish Hisaria, S/o – Kalicharan Hisaria, R/o – Ward No. 11 Sitamarhi, P.S. & District – Sitamarhi. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 14-03-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Sitamarhi P.S. Case No. 554/2011 for offences under [STATUTE] and 138 of the N.I. Act, pending before Chief Judicial Magistrate, Sitamarhi, is solitary named accused in this case with allegation of issuing a cheque worth Rs. 1,22,000/- (One Lac Twenty Two Thousand only) in favour of the complainant informant which was bounced. Submission is that there was commercial transaction between the parties and cheque under the signature of the petitioner was missing, taking undue advantage this case has been instituted. It is pointed out that while objecting the prayer that the post dated cheque was issued on 25.11.2010 which bounced on 08.01.2011 and much thereafter just in order to create some Patna High Court Cr.Misc. No.42253 of 2011 (4) dt.14-03-2012 evidence annexure – 2 was prepared in shape of an intimation to the Bank stating about missing of cheque book with a prayer to stop payment against any such cheque but this application appears to be prepared on 01.11.2010, but produced to the concerned Bank on 29.08.2011. This itself is indicative of so many things disentitling the petitioner for the privilege sought. Accordingly, prayer for anticipatory bail of the petitioner is hereby refused. Rajeev/- (Akhilesh Chandra, J.)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.