Patna High Court
Pramod Sah @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court declined to grant regular bail, directing a speedy trial within three months and permitting a future bail application if the trial is not concluded.
Summary
Petitioner Pramod Sah was charged under IPC sections 420 and 406 and N.I. Act section 138 for allegedly taking Rs. 60 lakhs from an informant for a cold storage project and issuing six dishonoured cheques. He had been in custody for over two years after his provisional bail was cancelled for non‑payment. The petitioner sought regular bail, arguing that the informant had not disclosed the cash transaction in his income tax return and that he had been detained for an extended period. The State opposed, contending that the petitioner failed to honor his assurance of repayment, justifying the cancellation of provisional bail. The court directed the trial court to complete the trial within three months and allowed the petitioner to renew his bail application if the trial was not concluded, thereby disposing of the bail petition without granting bail. The order emphasizes the need for a speedy trial while keeping the bail issue open for future consideration.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offences and the cancellation of provisional bail.
- Whether the trial should be expedited to a three‑month period.
- Whether the petitioner’s prolonged detention without trial justifies bail despite alleged non‑payment.
Legislation cited
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- bail
- cheating
- criminal breach of trust
- cheque bounce
- speedy trial
- criminal miscellaneous petition
- IPC
- NIA
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27995 of 2025
Arising Out of PS. Case No.-211 Year-2021 Thana- BRAHMPURA District- Muzaffarpur
======================================================
Pramod Sah @ Pramod Kumar S/O Late Nagendra Sah R/O Village- Krishna
Toli, Brij Bihari Gali, P.S- Brahampura, Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. rajesh kumar choudhary S/o ganaur choudhary, R/o Pankaj Market, Gola
Road, Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madan Mohan
For the Opposite Party/s : Mr.Abhay Kumar Roy
For the Informant : Mr. Madan Kumar
Ms. Divya
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
10 07-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Brahmpura P.S. Case No. 211 of 2021, registered for the
offences punishable under Sections 420, 406 of the IPC and 138 of
the N.I. Act.
3. According to allegation, the petitioner took Rs. 60
lakhs from the informant for opening a cold storage but did not
return the money. The petitioner handed over six cheques, which
were dishonoured.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.27995 of 2025(10) dt.07-01-2026
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that the informant was asked by a co-ordinate Bench of this
Court to furnish the ITR disclosing the cash payment of such a
huge amount of money, but the ITR does not contain minute
details of the same. He has further submitted that the petitioner
has been in custody for more than two years.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail by submitting that the
petitioner was granted provisional bail on his assurance of
payment of the money, but he did not adhere to his words. Due
to non-payment, the provisional bail was cancelled.
6. Considering the above-mentioned facts and
circumstances, the learned trial court is directed to make every
endeavour to conclude the trial within a period of three months.
If the trial is not concluded within the stipulated period, the
petitioner will be at liberty to renew his prayer for bail.
7. With these observations, the criminal miscellaneous
petition is disposed of.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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