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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to payment of Rs.5,00,000 in installments and strict compliance with the stipulated bail conditions.

Summary

Suraj Kumar applied for anticipatory bail in a case filed under IPC sections 406, 420, 34 and NI Act section 138 alleging he took construction material worth Rs.11,90,535 and issued a Rs.6,00,000 cheque that later bounced. The petitioner failed to appear at three mediation dates despite interim protection, prompting the court to initially consider rejecting bail. He subsequently offered to pay Rs.5,00,000 to the informant in installments and submitted an undertaking that the informant could seek cancellation of bail if the payment was not made. The court, taking note of the petitioner's conduct and the payment undertaking, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and several conditions including the payment schedule, appearance before the trial court, and non‑interference with witnesses. The order also stipulated that failure to appear for two consecutive dates or breach of any condition would lead to cancellation of the bail bond.

Issues considered

  • What is the appropriateness of granting anticipatory bail to a petitioner who has issued a bounced cheque and failed to appear at mediation?
  • Whether the petitioner’s undertaking to pay a portion of the disputed amount can justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • cheque bounce
  • fraud
  • IPC
  • Negotiable Instruments Act
  • mediation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47464 of 2025
                       Arising Out of PS. Case No.-141 Year-2022 Thana- ABADPUR District- Katihar
                 ======================================================
                 Suraj Kumar Son of Ramanand Prasad R/O Sadakat Ashram, P.S.- Digha,
                 District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar, Patna
           2.    Anwar Alam S/o- Late Abdul Kashim Vill - Berakhor P.S. - Abadpur Block -
                 Barsoi Distt. - Katihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hridayal Kumar, Advocate
                 For the State            :        Mr. Jitendra Kumar Singh, APP
                 For the Informant        :        Mr. Suresh Prasad Sah, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   21-01-2026                   Heard Mr. Hridayal Kumar, learned counsel for the

                   petitioner and Mr. Suresh Prasad Sah, learned counsel for the

                   informant beside Mr. Jitendra Kumar Singh, learned APP for

                   the State.

                                 2. The petitioner is apprehending arrest in

                   connection with Abadpur P.S. Case No. 141 of 2022 instituted

                   under Sections 406, 420 and 34 of the Indian Penal Code and

                   section 138 of the Negotiable Instrument Act lodged on

                   08.09.2022 by the informant, Anwar Alam.
Patna High Court CR. MISC. No.47464 of 2025(4) dt.21-01-2026
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                       3. As per the prosecution story, the informant

          alleged that building construction materials were taken worth

          Rs. 11,90,535/- but the intention to cheat was always there

          and as such after payment of Rs.4,50,000/-, a cheque of Rs.

          6,00,000/- was given which bounced on 13.07.2022. As he

          chose to look the other way, the FIR.

                       4. In this case, the coordinate bench after

          appearance of the opposite party no.2 sent the matter to the

          Mediation Centre but the mediator's report dated 09.01.2026

          shows that on 24.11.2025 (wrongly recorded as 24,11.2026),

          10.12.2025 and 09.01.2026, the petitioner chose not to come

          despite interim protection granted to him on 31.07.2025.

                       5. Considering the conduct of the petitioner of

          firstly giving a cheque which bounced and later, despite long

          rope given by the Court/Mediator, chose not to appear on

          three consecutive dates, this Court at first instance wanted to

          reject the anticipatory bail application.

                       6. However, learned counsel for the petitioner on

          instruction submits that he is ready to pay Rs.5,00,000/- (five

          lac) to the informant (out of Rs.6,00,000/-) in the following

          manner:

                                  (i) Rs.1,00,000/- at the time of execution
Patna High Court CR. MISC. No.47464 of 2025(4) dt.21-01-2026
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                                  of bail bond;

                                  (ii) Rs.1,00,000/- by 5th of March, 2026;

                                  (iii) Rs.1,00,000/- by 5th of April, 2026;

                                  (iv) Rs.1,00,000/- by 5th of May, 2026;

                                  (v) Rs.1,00,000/- by 5th of June, 2026.

                       7. The further submission is that failure by the

          petitioner to abide by the aforesaid undertaking, if relief is

          granted, the opposite party shall be free to take steps for

          cancellation of bail bond.

                       8. Learned counsel for the opposite party no.2 on

          the other hand submits that the materials were taken in the

          year 2022, a cheque was issued on 20.05.2022 and the

          petitioner is playing hide and seek game which forced him to

          oppose the present anticipatory bail. However, now that he

          has given an undertaking to pay the amount, reserving his

          right to file appropriate          petition including cancellation of

          bail bond, if the petitioner fails to abide by the undertaking,

          for the present, the informant is not opposing the prayer for

          bail.

                       9. Taking into account the aforesaid facts as also the

          undertaking that the petitioner has given and despite this

          Court having reservation on the conduct of the petitioner, is
Patna High Court CR. MISC. No.47464 of 2025(4) dt.21-01-2026
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          inclined to extend relief to the petitioner subject to the

          payment of Rs.5,00,000/- as recorded above in paragraph 6

          of the petition.

                       10. Let the petitioner be released on bail, in the

          event of his arrest or surrender before the concerned court

          within a period of four weeks from the receipt of this order,

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each in connection with

          Abadpur P.S. Case No. 141 of 2022 to the satisfaction of

          learned Additional Chief Judicial Magistrate, Katihar subject

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

          Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive dates without plausible reason will entail

          cancellation of his bail bond by the Trial Court itself;

                       (iii) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for
             Patna High Court CR. MISC. No.47464 of 2025(4) dt.21-01-2026
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                       cancellation of the bail bonds;

                                    (iv) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at

                       liberty to take steps for cancellation of his bail bonds.




                                                      (Rajiv Roy, J)
Ravi/-

U        T


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