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Patna High Court

Ashok Chaudhari @ Ashok ChoudharyversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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