Nirmal KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.40787 of 2026
                 Arising Out of PS. Case No.-1984 Year-2025 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Nirmal Kumar Son of Bhagwan Yadav @ Bhagwan Rai, Resident of
                 Akluchak, P.O.- Jamsaut, P.S.- Shahpur, District- Patna

                                                                                 ... ... Petitioner
                                                     Versus
           1.    The State of Bihar
           2.    Anil Kumar Rai Son of Late Deo Raj Rai Resident of Mohalla- Bans Ghat,
                 P.S.- Budha Colony, District- Patna

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Raj Krishna Jha, Advocate
                 For the Opposite Party/s :     Mr. Zainul Abedin, APP
                 For the Complainant/OP No.2:   Mr. Pranay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026                     Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State duly

                   assisted by learned counsel appearing for the complainant.

                              2.      The   accused/petitioner        is   named       in    the

                   complaint and apprehending his arrest in connection with

                   Complaint Case No.1984(C) of 2025 in which cognizance

                   has been taken under Sections 318(4) of the Bhartiya Nyaya

                   Sanhita, 2023 (in short ‘B.N.S.’) and Section 138 of the

                   Negotiable Instruments Act (in short ‘N.I. Act’).

                              3. As per complaint case, the cheque issued by the

                   petitioner in favour of complainant for a sum of Rs.20 lakhs
Patna High Court CR. MISC. No.40787 of 2026(2) dt.24-06-2026
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          on presentation before the bank was dishonoured, which was

          given to the complainant in connection with deal of a piece

          of land, the description of which, is available in complaint

          petition itself.

                       4. It is submitted by learned counsel appearing for

          petitioner that primarily the issue related with dishonour of

          cheque. It is submitted by learned counsel that the petitioner

          is otherwise desirous to settle the issue with the complainant

          but, as the cognizance was also taken for the offence under

          Section 318(4) of the BNS corresponding to Section 420 of

          the IPC, which is is non-bailable in nature, he could not

          surrender before the learned trial court.

                       5.     It is argued further that the factual aspects of

          this case is not suggesting that the petitioner was under

          intention to cheat the complainant from very inception of the

          deal, as if it was so, then the petitioner would not issue the

          cheque in favour of the complainant. It is pointed out that

          due to financial hardship, the cheque was dishonoured and,

          as such, it can not be said that he was under intention to

          cheat     the     complainant.          The   petitioner   claimed   clean
Patna High Court CR. MISC. No.40787 of 2026(2) dt.24-06-2026
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          antecedent.

                       6. Learned APP duly assisted by Mr. Pranay Kumar,

          learned counsel appearing for the complainant while

          opposing the prayer of bail submitted that the complainant is

          also ready to settle the issue and differences with petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as primarily the issue is related with

          dishonour of cheque i.e. a prima facie case for the offence

          punishable under Section 138 of the N.I. Act, accordingly,

          the petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Judicial Magistrate-1st Class, Court No.1, Patna in

          connection with C.A. Case No.1984(C) of 2025, subject to

          the conditions as laid down under Section 438(2) of the

          Code of Criminal Procedure (in short ‘CrPC’)/under Section

          482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

          short ‘BNSS’).
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                                8.    However, the learned trial court is directed to

                   explore the possibilities of compromise and also to settle the

                   issue in earliest possible manner in view of agreement of the

                   parties, as submitted aforesaid.


                                                   (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T