Patna High Court
Ravikant Kumar Shashi @ Babu NandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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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