Patna High Court

Vikash Kumar YadavversusThe State of Bihar

Decided: 1 May 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to a bond, sureties and payment of the dishonoured cheque amount.

Summary

Vikash Kumar Yadav was named in a complaint (No. 1859 of 2024) for issuing a Rs.1,70,000 cheque that was dishonoured, attracting charges under Section 316(2) of the Bihar Negotiable Instruments Act and Section 138 of the Negotiable Instruments Act. The petitioner argued that the dishonour was due to temporary financial difficulty, not intentional fraud, and expressed willingness to pay the amount in full. The State opposed bail, contending the seriousness of the offence. The Court, noting the petitioner's readiness to make payment and the non‑deliberate nature of the default, granted bail on condition of a Rs.10,000 bond, two sureties, and submission of a demand draft for the full amount. The bail order was subject to the provisions of Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether bail should be granted to a person accused of cheque bounce offences under Sec. 316(2) BNS and Sec. 138 NI Act.
Whether the alleged lack of funds constitutes a non‑deliberate default justifying bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 316(2)
Code of Criminal Procedure, 1973 — s. 482(2)
Negotiable Instruments Act — s. 138

Subjects

bail
cheque bounce
Section 138 NI Act
Section 316 BNS
Criminal Procedure Code
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28038 of 2026
                 Arising Out of PS. Case No.-1859 Year-2024 Thana- SIWAN COMPLAINT CASE District-
                                                         Siwan
                 ======================================================
                 Vikash Kumar Yadav S/O Moti Lal Yadav Resident of vill.- Mahuwa Bhusa,
                 P.S.- Nautan, Dist.- Siwan
                                                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Pratik Yadav @ Pratik Kumar S/O Om Prakash Prasad R/O Vill.- Orma
                  Mukund, P.S.- Siwan Mufassil, Dist.- Siwan.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mrs. Kumari Anupam, Adv.
                 For the Opposite Party/s :     Mr. Humayou Ahmad Khan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   01-05-2026                    Heard the parties.

                                2. The petitioner is named in the complaint case and

                   apprehending his arrest in connection with Complaint Case No.

                   1859 of 2024 registered for the offences punishable under

                   Section 316(2) of BNS and 138 of NI Act.

                                3. As per complaint case, petitioner issued a cheque

                   of Rs. 1,70,000/- drawn on Central Bank, Branch Pachlakhi,

                   bearing cheque no. 005597 which upon presentation by

                   complainant was dishonored.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that due to certain financial issues, at

                   that point of time there was no sufficient fund in the bank to

                   honor the cheque it was dishonored but it was neither
            Patna High Court CR. MISC. No.28038 of 2026(2) dt.01-05-2026
                                                        2/2




                      intentional nor deliberate. It is submitted that petitioner is

                      ready to pay Rs. 1,70,000/- to complainant at any point of

                      time.

                                   5. Learned APP opposes the prayer of bail.

                                   6. In view of aforesaid factual submission and by

                      taking note of fact as petitioner is ready to pay Rs. 1,70,000/-

                      to complainant, accordingly petitioner above-named, in the

                      event of his arrest or surrender before the court below within a

                      period of six weeks, is directed to be released on bail,

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned CJM, Siwan /concerned Court, where the case is

                      pending in connection with Complaint Case No. 1859 of 2024,

                      subject to the conditions as laid down under Section 482(2) of

                      BNSS, subject to further condition:-

                                              (i) In terms of submission, petitioner shall pay
                                              Rs. 1,70,000/- by way of demand draft to
                                              complainant. Aforesaid demand draft shall be
                                              submitted at the time of furnishing of bail bond
                                              failing which bail bond of the petitioner shall not
                                              be accepted.




                                                                 (Chandra Shekhar Jha, J)
Sudha/-
U       T

Continue reading with your account

Checking your session…