Patna High Court
Sudarshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
The petitioner, Sudarshan Kumar, filed an anticipatory bail application fearing arrest in a criminal case (PS Case No. 60 of 2025) alleging offences under sections 319(2), 318(4), 352, 351(2), 3(5) of the Bihar Negotiable Instruments Act and section 138 of the Negotiable Instruments Act. The FIR alleges that he sought to purchase land, received Rs. 15 lakh from the informant, later evaded payment, issued two cheques that bounced, and threatened the informant with a licensed rifle. The petitioner claimed innocence and lack of documentary evidence, while the opposing counsel highlighted six similar pending criminal cases against him. The Court examined the allegations and the pattern of conduct, concluding that the seriousness of the accusations and the pending cases preclude any relief. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bihar Negotiable Instruments Act and the Negotiable Instruments Act.
- Whether the existence of multiple pending criminal cases of a similar nature bars the grant of anticipatory bail.
- Whether the alleged threat with a firearm and cheque bounce constitute sufficient ground to deny bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 319(2), 3(5), 351(2), 352
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- land purchase dispute
- threat with firearm
- pending criminal cases
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13704 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Sudarshan Kumar S/o Hareram Sharma R/o Village- Shekhopur Dih, P.S-
Shekhopur Sarai, Dist- Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Rizwan Hasan Khan S/o Mohd Navi Hasan Khan R/o Village- Saniya,
P.S- Ariyari, Dist- Sheikhpura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 24-06-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Sheikhpura P.S. Case No. 60 of 2025 for the
offence under sections 319(2), 318(4), 352, 351(2) and 3(5) of
the BNS and section 138 of the Negotiable Instrument Act
lodged on 26.02.2025 by the informant, Md. Rizwan Hasan
Khan.
3. As per the allegation in the FIR, the petitioner
wanted to purchase a piece of land for Rs. 50,00,000/- for which
he was short of Rs. 15,00,000/-. On request, the allegation is
that informant transferred altogether 15,00,000/-. However,
later, he started evading the informant and when confronted,
abused. Two cheques were subsequently provided which
Patna High Court CR. MISC. No.13704 of 2026(4) dt.24-06-2026
2/2
bounced, and thereafter, when he went alongwith others and
demanded money, he came out with his licensed rifle and
threatened of dire consequences. Left with no alternative, the
FIR.
4. Though learned counsel for the petitioner tried to
impress upon this Court about his innocence and submits that no
record of transaction is/are there, learned APP, Mr. Jitendra
Kumar Singh has taken this Court to paragraph-6 to show that
six criminal cases of the same nature are pending against him.
5. Taking into account the aforesaid facts and the
allegations, no relief can be extended to the petitioner.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
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