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Patna High Court

Mithilesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that anticipatory bail is not appropriate in the present case and dismissed the application.

Summary

The petitioner, Mithilesh Kumar Singh, sought anticipatory bail after being implicated in a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code for issuing a Rs. 20,00,000 cheque that was dishonoured. The prosecution alleged that the cheque bounced due to insufficient funds. The petitioner claimed innocence and a clean antecedent, while the State opposed the bail. The Court examined the seriousness of the alleged offence and concluded that the case was not suitable for anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within two weeks to apply for regular bail, failing which the police would arrest him.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 138 of the Negotiable Instruments Act and Section 420 IPC.

Legislation cited

Subjects

  • anticipatory bail
  • cheque bounce
  • Section 138
  • Section 420
  • criminal procedure
  • bail
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31192 of 2025
                 Arising Out of PS. Case No.-32 Year-2024 Thana- KATIHAR COMPLAINT CASE District-
                                                         Katihar
                 ======================================================
                 Mithilesh Kumar Singh S/o Late Rajendra Prasad Singh R/o Vill- Binji, P.S.-
                 Korha, Distt- Katihar

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Krishna Kumar Singh S/o Late Yogendra Narayan Singh R/o Vill-
                 Pahlagarh, P.S.- Kadwa, Distt- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Amrit Abhijat, Advocate
                 For the Opposite Party/s :     Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   23-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Complaint Case No. 32 of 2024 instituted under Section

                   138 N.I. Act and Section 420 I.P.C.

                                3. As per the prosecution case, petitioner is accused

                   of handing over a cheque of Rs. 20,00,000/- but the same was

                   dishonored due to insufficient balance.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner has clean antecedent.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.31192 of 2025(5) dt.23-02-2026
                                                          2/2




                        for anticipatory bail of the petitioner.

                                     6. Considering the aforesaid facts, this is not a fit

                        case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within two

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Katihar will take all steps for arrest of

                        the petitioner.

                                     9. Let a copy of this order be communicated to the

                        Superintendent of Police, Katihar through FAX or e-mail for its

                        compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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