Patna High Court
Mithilesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 420
- Negotiable Instruments Act — s. 138
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
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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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