Patna High Court
SHAMBHU SAHNI @ SHAMBHU RAJKISHOR SHAHANIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to specified monetary and procedural conditions.
Summary
Shambhu Sahni was implicated in a complaint alleging dishonour of a Rs.1,00,000 cheque issued as security for water‑proofing work, attracting charges under Section 420 of the IPC and Section 138 of the Negotiable Instruments Act. The petitioner contended that the cheque was a security, the work was completed, and the amount was subsequently paid in cash, offering to deposit the sum in instalments in the concerned civil court. He applied for anticipatory bail fearing arrest. The Court, without examining the merits, considered the prayer for anticipatory bail and, applying Sections 438(2) of the CrPC and 482 of the Bihar Negotiable Instruments (Special) Act, granted bail on a bond of Rs.10,000 with two sureties and directed a deposit of Rs.50,000 immediately and the balance in two instalments. The order also stipulated that non‑compliance could lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the cheque‑bounce case.
- Whether the conditions imposed under Sections 438(2) CrPC and 482 B.N.S.S. are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- IPC 420
- NI Act 138
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29457 of 2024
Arising Out of PS. Case No.-2957 Year-2018 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
SHAMBHU SAHNI @ SHAMBHU RAJKISHOR SHAHANI S/O RAJ
KISHOR SAHNI R/O VILLAGE- KERWAN DIH, P.S- KUDHANI, DISTT.-
MUZAFFARPUR.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. ARVIND KUMAR S/O LAKHANDEV PRASAD SINGH R/O VILLAGE-
SONBARSA DIH, P.S- MANIYARI, DISTT.- MUZAFFARPUR, AT
PRESENT R/O RAMBHADRA, WARD NO. 13, P.S- HAJIPUR NAGAR,
DISTT.- VAISHALI.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Mr.Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
punishable for the offence under Section 420 of the Indian Penal
Code and Section 138 of the N.I.Act.
3. As per complaint case, complainant received a
cheque of Rs. One lakh from petitioner for accomplishing the
work of water-proofing of the house of petitioner, however, the
cheque in question got dishonoured due to insufficiency of fund.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case. As a matter of
Patna High Court CR. MISC. No.29457 of 2024(5) dt.17-02-2026
2/3
fact, the cheque in question was given by petitioner to
complainant as security and after completing the work, the
petitioner paid the amount in cash. However, petitioner is ready
to deposit Rs. 1,00,000/- (Rupees one lakh) in easy installments
in the Nazarat of concerned Civil Court.
5. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of his
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - XI, Vaishali at Hajipur in
connection with Complaint Case No. CI-2957 of 2018, subject
to condition as laid down under Section 438(2) of the Cr.P.C. /
Section 482 of the B.N.S.S. with further following conditions:
“(A) At the time of furnishing bail-bond, the
petitioner shall deposit Rs. 50,000/- (Fifty
thousand) in the Nazarat of concerned Civil Court
and receipt of the same shall be furnished along
with bail-bond.
(B) Rest amount i.e. Rs. 50,000/- (Fifty
thousand) shall be deposited in the Nazarat of
concerned Civil Court in two equal installments of
Rs. 25,000/- (Twenty five thousand) each within a
period of six months from the date of furnishing
bail-bond.
Patna High Court CR. MISC. No.29457 of 2024(5) dt.17-02-2026
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(C) The aforesaid payment shall be subject to
final outcome of the case.
(D) If petitioner fails to comply the direction
of this Court, the learned Court below would be at
liberty to cancel the bail-bond of the petitioner.”
6. This order has been passed, without going into the
merit of the case, only for the purpose of considering the prayer
for anticipatory bail of petitioner.
(Prabhat Kumar Singh, J)
anay
U T
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