Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is not maintainable where a bail application under Section 82 CrPC has already been initiated.
Summary
Aman Kumar sought anticipatory bail fearing arrest in a complaint (No.1354 of 2016) alleging offences under IPC sections 420, 406, 323, 504 and NI Act section 138 for taking Rs.1,75,000, issuing a bounced cheque and not returning the money. The prosecution contended that the petitioner failed to repay the amount and ignored a legal notice. The petitioner claimed innocence and asserted that he had returned the full amount. The Court observed that a regular bail process under Section 82 of the Criminal Procedure Code had already been initiated against the petitioner. Consequently, the Court held that the anticipatory bail application was not maintainable and rejected it.
Issues considered
- Whether anticipatory bail can be granted when a regular bail application under Section 82 CrPC is already pending
Legislation cited
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 323, 406, 420, 504
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- Section 82 CrPC
- cheque bounce
- fraud
- criminal procedure
- Indian Penal Code
- Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31947 of 2026
Arising Out of PS. Case No.-1354 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Aman Kumar S/o Bachchan Thakur Resident of Mohalla- Patel Nagar Road
No. 6 Babu Chowk, P.S.- Patliputra, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjan Kumar S/o Late Collector Singh R/o Baba Chowk, Patel Nagar,
Road no. 6, P.S.- Patliputra, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Girish Singh, Adv.
For the Opposite Party/s : Mr.Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No.1354 of 2016 registered for the offence
under Sections 420, 406, 323 and 504 of the Indian Penal Code
and Section 138 of the Negotiable Instrument Act.
3. The prosecution case in brief is that petitioner has
taken Rs. 1,75,000/- rupees from the complainant with condition
that he will return the said money with in 08 to 10 months but
petitioner has not returned the said money to the complainant.
The petitioner has given a cheque and the said cheque was
dishonored by the bank due to insufficient balance. After that
complainant sent a legal notice to the petitioner but petitioner
Patna High Court CR. MISC. No.31947 of 2026(2) dt.13-05-2026
2/2
not replied on legal notice. Thereafter complainant filed a
complaint petition before the court.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that petitioner has returned the total
amount.
5. From the perusal of the impugned order, it is clear
that the processes under Section 82 of Cr.P.C. has already been
initiated against the petitioner. Under such circumstances, the
present anticipatory bail application is not maintainable and is
accordingly rejected.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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