Patna High Court
Avinash Kumar @ RadheversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the anticipatory bail application, directing the petitioner to surrender within six weeks and furnish bail bonds and sureties.
Summary
Avinash Kumar sought anticipatory bail after being implicated in a complaint alleging offences under IPC sections 406, 420, 379, 504, 506, 120(B) and Section 138 of the Negotiable Instruments Act, relating to alleged cheating and cheque bounce involving a sum of Rs. 11.30 lakh. The petitioner argued that the allegations were false and that even if true, the matter pertained only to a cheque bounce already covered by a separate complaint under Section 138 read with Section 420. He feared arrest and assured the court of his cooperation if bail were granted. The State and the complainant opposed the bail. The High Court, after considering the submissions, held that anticipatory bail could be granted subject to the petitioner surrendering within six weeks and furnishing bail bonds and sureties, invoking the inherent powers of the court under Section 482(2) of the Criminal Procedure Code. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under IPC and the Negotiable Instruments Act.
- Whether the allegations constitute a case of false implication warranting bail.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 120(B), 379, 406, 420, 504, 506
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheating
- cheque bounce
- IPC
- Negotiable Instruments Act
- CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19377 of 2026
Arising Out of PS. Case No.-8883 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Avinash Kumar @ Radhe Son of Anil Kumar Resident of village- Mauar lane,
Po- Mahendru, Ps- Sultanganj, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Abhishek Kumar Son of Late yamun Kumar Sahu @ Yamuna Kr. Sahu
Resident of village- Birla Mandir Road, Opp Church, Ps- Pirbahore, Dist-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-06-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the O.P. No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 406, 420,
379, 504, 506 and 120(B) of the Indian Penal Code read with
Section 138 of NI Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that Ajay and Shweta are known to him as they are related to his
wife, further they brought petitioner with whom an agreement
was entered and in pursuance whereof an amount of Rs.
Patna High Court CR. MISC. No.19377 of 2026(3) dt.24-06-2026
2/4
3,20,000/- was given to petitioner on 06.09.2017, thereafter an
amount of Rs. 1,20,000/- was transferred in petitioner’s SBI
account and Rs. 2 Lakhs was transferred in the bank account of
Ajay, it is next alleged that Rs. 3,20,000/- was received by the
petitioner in presence of Shweta and Ajay, further two cheques
of Rs. 1,50,000/- and Rs. 1,70,000/- was given by petitioner to
the complainant with an assurance to present the cheques for
encashment, if an amount of Rs. 3,20,000/- is not paid till
26.02.2018 in cash, thereafter again an agreement was entered
in between the petitioner and complainant and cheques, as
recorded in the complaint petition, was given by petitioner to
the complainant, but the cheque on presentation for encashment
for an amount of Rs. 6,30,000/- bounced, accordingly, it is
alleged that petitioner cheated him of Rs. 11,30,000/.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is further submitted that even presuming what has
been alleged is true without admitting then the petitioner would
be held liable for bouncing of the cheque issued by him for
which a complaint case already has been filed in which
cognizance has been taken under Section 138 of the NI Act read
with Section 420 of the IPC. It is also submitted that in the event
Patna High Court CR. MISC. No.19377 of 2026(3) dt.24-06-2026
3/4
if the complaint case is dismissed and the petitioner at this stage
is sent to judicial custody whether the same would amount to
travesty of justice or not. It is next submitted that petitioner will
contest the complaint case before the learned Trial Court, but
since cognizance has been taken under Section 420 IPC also,
hence, petitioner apprehends arrest. It is also submitted that in
the event if the complaint case is allowed, the petitioner will
have no option but to pay the amount or to serve the sentence. It
is next submitted that in the complaint, it is falsely alleged that
petitioner cheated complainant of Rs. 11,30,000/- when the
cheque alleged to have been issued is of Rs. 6,30,000/-. It is also
submitted that had the complainant been cheated of Rs.
11,30,000/-, in that event the complainant would have filed a
separate money suit for recovering the rest of the amount apart
from Rs. 6,30000/-. It is also submitted that if privilege of
anticipatory bail is granted, the petitioner will not abscond
rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the complainant opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.19377 of 2026(3) dt.24-06-2026
4/4
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Complaint Case No. 8883(c) of 2022 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.