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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Rajesh Kumar and Kamlesh Kumar, were implicated in Complaint Case No. 1938 of 2021 for alleged offences under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act, involving the issuance of cheques totaling Rs.20,30,000 that were dishonoured for insufficient funds. The complainant alleged that the cheques bore the petitioners' signatures and that an acknowledgment letter dated 16-11-2020 confirmed the issuance. Fearing arrest, the petitioners applied for anticipatory bail. The Hon'ble Justice Prabhat Kumar Singh examined the nature and seriousness of the allegations. Considering the gravity of the cheating and cheque bounce accusations, the court rejected the petition for anticipatory bail. Consequently, the petitioners remain liable to be arrested in connection with the complaint.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of cheating under IPC Section 420 and cheque bounce under NI Act Section 138.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • cheque bounce
  • IPC 420
  • NI Act 138
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20832 of 2025
                 Arising Out of PS. Case No.-1938 Year-2021 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Rajesh Kumar S/o- Late Kamdeo Prasad R/o- Jojobeda Camp Telco PO-
                  Rahargoda PS-Chhota Govindpur Distt- East Singhbhum, Jharkhand
           2.    Kamlesh Kumar S/o- Late Kamdeo Prasad R/o- Jojobeda Camp Telco PO-
                 Rahargoda PS-Chhota Govindpur Distt- East Singhbhum, Jharkhand
                                                                        ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar
           2.     Pawan Prasad S/o- Late Madan Lal R/o- Bakarganj, Daldali Road Ps-
                  Kadamkuan Dist- Patna
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Kumar Kamal Nayan, Adv.
                 For the Opposite Party/s :     Mr.Kumar Ranjit Ranjan, APP
                                                Mr.Indra Mohan Kumar, Adv.for OP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

8   22-06-2026                  Heard learned counsel for the petitioners, learned

                   A.P.P for the State and learned counsel for the opp. party no. 2.

                                2. The petitioners apprehend their arrest in connection

                   with Complaint Case No. 1938(C)/2021, registered for the

                   offences punishable under Sections 420 of the Indian Penal

                   Code and Section 138 of Negotiable Instrument Act.

                                3. As per the allegation made in the complaint

                   petition, petitioners had issued several cheques in favour of the

                   complainant on different dates for a total sum of Rs.20,30,000/-

                   but all the cheques got dishonoured due to insufficiency of fund

                   Even the acknowledgment letter dated 16.11.2020 shows that

                   accused persons (petitioners) issued two cheques in question

                   and allegedly it containing their signature.
           Patna High Court CR. MISC. No.20832 of 2025(8) dt.22-06-2026
                                                       2/2




                                  4. Considering the nature of accusation, the prayer

                     for anticipatory bail of petitioners is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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