Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 406, 420
- Negotiable Instruments Act — s. 138
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.
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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
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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
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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
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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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