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Patna High Court

Ravikant Kumar Shashi @ Babu NandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Ravikant Kumar Shashi, sought anticipatory bail fearing arrest in a case (No.377 of 2024) alleging offences under sections 303(2), 318(4) and 316(2) of the Bihar Negotiable Instruments Act, 2023. He was employed as a guard for the informant and had taken a loan of Rs.12 lakh for his mother's treatment, which he allegedly failed to repay, and was also accused of attempting to encash a cheque fraudulently. The court observed that the dispute primarily concerned the repayment of the loan rather than a clear criminal intent. Consequently, the court allowed the anticipatory bail application, directing that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under sections 303(2), 318(4) and 316(2) of the BNSS.
  • Whether the nature of the dispute as a loan recovery matter negates the necessity of arrest.
  • Whether the provisions of Section 438(2) CrPC and Section 482 BNSS justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • loan dispute
  • cheque fraud
  • BNSS
  • CrPC
  • Section 438
  • Section 482
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.50073 of 2025
                     Arising Out of PS. Case No.-377 Year-2024 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Ravikant Kumar Shashi @ Babu Nand S/o Raghuvansh Mani Nirala Resident
                 of Village-Ark Dhibariya, P.S.- Tekari, District-Gaya, Bihar

                                                                                   ... ... Petitioner
                                                      Versus

           1.    The State of Bihar
           2.    Shimla Devi W/o Aditya Nand Singh R/o Lucky Mansion, Apartment,
                 Block-A, 402, Bank Colony, Road No. 04, P.S-Tekari, District-Gaya, Bihar-
                 800001

                                                              ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner :  Mr. Vinay Mistry, Advocate
                 For the State      :  Mr. Dr. Ajeet Kumar, APP
                 For the Informant  :  Mr. Amresh Kumar, Advocate
                                       Mr. Rakesh Kumar Sharma, Advocate
                                       Mr. Mayank Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   19-02-2026                    Heard learned counsel for the petitioner, learned

                  APP for the State and learned counsel for the informant.

                                  2.      The petitioner apprehends his arrest in

                  connection with Jakkanpur P.S. Case No.377 of 2024 for the

                  offence under sections 303(2), 318(4), 316(2) of the B.N.S.,

                  2023.

                                  3.      It is alleged that the petitioner was working

                  as a Guard in the company of the informant and he had taken a

                  loan of Rs.12,00,000/- from the petitioner for treatment of his

                  mother but he did not return the said amount. It is also alleged
              Patna High Court CR. MISC. No.50073 of 2025(4) dt.19-02-2026
                                                          2/2




                        that the petitioner has tried to en-cash a cheque fraudulently.

                                        4.      Considering the fact that the dispute appears

                        to be revolving around the loan amount which had been taken

                        by the petitioner for treatment of his mother, this application of

                        grant of anticipatory bail is allowed.

                                        5.      Let the petitioner, above named, in the event

                        of his arrest or surrender before the concerned Court below

                        within six weeks from today, be released on bail on furnishing

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

                        the like amount each to the satisfaction of the learned A.C.J.M.,

                        Patna / concerned Court below, in connection with complaint

                        case No.377 of 2024, subject to the conditions laid down in

                        section 438(2) of the Code of Criminal Procedure, 1973 /

                        section 482 of the BNSS.


                                                                       (Sandeep Kumar, J)

pawan/-

U         T


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