Created by Fuzzy Cloud

Patna High Court

SHAMBHU SAHNI @ SHAMBHU RAJKISHOR SHAHANIversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                                         (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.