Patna High Court
SUDHANSHU SHEKHAR @ CHHOTUversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail order was not quashed; the interim protection was vacated and the trial was ordered to be concluded within three months.
Summary
The petitioner, Sudhanshu Shekhar, filed an application to quash an anticipatory bail order dated 22‑05‑2019 that required him to deposit Rs 1 lakh in two installments. He had earlier undertaken to return the principal amount to the second opposite party but failed to do so. The court observed that after obtaining interim protection, the petitioner was seeking further adjournments and was not honoring his undertaking, indicating a tactic to delay the proceedings. Consequently, the application to quash the bail was dismissed and the earlier interim protection was vacated. The trial of the underlying complaint (Sections 420, 406 IPC and 138 NI Act) was directed to be concluded within three months of the order. A copy of the order was to be sent to the Principal District Judge, Darbhanga for compliance.
Issues considered
- Whether the anticipatory bail order should be quashed on account of the petitioner’s failure to comply with the bail conditions and alleged delay tactics
- Whether the interim protection granted earlier should be vacated
Legislation cited
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- bail conditions
- quash petition
- trial delay
- criminal procedure
- IPC
- NI Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45527 of 2019
Arising Out of PS. Case No.-2377 Year-2017 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
SUDHANSHU SHEKHAR @ CHHOTU S/o Shree Brahmdev Prasad karyee
Resident of Kathariya, P.S.- Darbhanga (Town), District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajnish Kumar S/o Umesh Chandra Singh R/o Adarsh Colony, Road No.1
Khemnichak, P.S. Ramkrishna Nagar, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suneil Kumar Thakur, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present application has been filed by the
petitioner to quash the order dated 225.05.2019 in in A.B.P.
No.1218/2019 concerning Complaint Case No. 2377(c)/2017
(under Sections 420, 406 IPC & 138 NI Act). The Additional
District & Sessions Judge 2nd, Patna granted anticipatory bail
but imposed conditions requiring the petitioner to deposit Rs. 1
lakh as first installment and another installment within 30 days,
failing which bail would be cancelled.
3. This case was heard on 17.03.2025. Petitioner had
undertaken to return the principal amount to the O.P. No. 2 but,
Patna High Court CR. MISC. No.45527 of 2019(5) dt.20-01-2026
2/2
till date the principle amount has not been returned to O.P. No.
2. Today also prayer on behalf of petitioner has been made by
learned counsel for adjournment. Hence, it appears that after
getting interim protection, the petitioner is trying to delay the
proceedings. The petitioner has failed to honour his own
undertaking given on 17.03.2025.
4. In these circumstances, this application stands
dismissed and the interim order dated 17.03.2025 stands
vacated.
5. Learned court below is directed to conclude the
trial of the complaint case within three months of
communication of this order, even if the accused persons do not
cooperate.
6. Let a copy of this order be communicated to
Principal District Judge, Darbhanga through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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