Patna High Court
Ashok Chaudhari @ Ashok ChoudharyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is denied because processes under Sections 82 and 83 of the Criminal Procedure Code have been issued.
Summary
Ashok Chaudhari sought anticipatory bail after non‑bailable warrants were issued in a case alleging criminal breach of trust under Section 406 IPC and cheque bounce under Section 138 of the Negotiable Instruments Act. The petitioner argued that the matter stemmed only from a cheque of Rs. 5,50,000 issued as security for a loan and that no breach of trust offence existed. The State pointed out that processes under Sections 82 and 83 of the Criminal Procedure Code had already been issued, indicating a serious charge. The Court held that the existence of such processes precluded the grant of anticipatory bail and therefore rejected the application. However, the Court noted that the petitioner could still apply for regular bail and, if he surrenders within four weeks, his bail would be considered promptly.
Issues considered
- Whether anticipatory bail can be granted when processes under Sections 82 and 83 of the Cr.P.C. have been issued against the petitioner.
Legislation cited
- Criminal Procedure Code — s. 82, 83
- Indian Penal Code — s. 406
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- Section 406 IPC
- Section 138 NI Act
- cheque bounce
- non‑bailable warrant
- Sections 82 CrPC
- Sections 83 CrPC
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25015 of 2026
Arising Out of PS. Case No.-55 Year-2021 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Ashok Chaudhari @ Ashok Choudhary Son of Maheshwar Chaudhari
Resident of Village- Barkurwa, P.S.- Piprakothi, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Umesh Kumar Pandey Son of Mohan Pandey Resident of Village-
Kalyanpur, P.S.- Kalyanpur, P.O.- Kalyanpur, District- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Section 406 of the
Indian Penal Code and Section 138 of the N.I. Act.
3. Learned counsel for the petitioner submits that the
present case arises out of a complaint and the matter relates to
bouncing of a cheque amounting to Rs. 5,50,000/- and no
offence under Section 406 of the IPC is made out. It is further
submitted that, as a matter of fact, opposite party no. 2 had
taken an loan from the petitioner on account of sureties he had
handed over a cheque of Rs. 50,000/- to the opposite party no. 2
which was subsequently misused.
Patna High Court CR. MISC. No.25015 of 2026(2) dt.01-05-2026
2/2
4. Learned APP for the State points out that not only
non-bailable warrants have been issued against the petitioner but
processes under Section 82 and 83 of the Cr.P.C. have also
issued which has been clearly mentioned in the bail rejection
order itself.
5. Considering the issuance of processes under
Sections 82 and 83 of the Cr.P.C., I am not inclined to enlarged
the petitioner on anticipatory bail. Accordingly, the application
is rejection.
6. However, the present rejection would not
prejudice any application for regular bail filed on behalf the
petitioner and in case, he surrenders within a period of four
weeks from today, the same shall be considered preferably on
the same day.
(Soni Shrivastava, J)
devendra/-
U T
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