Patna High Court
Himanshu Singh @ Sanni SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail may be granted to an accused who did not issue the bounced cheque but cannot be granted to the accused who actually issued it.
Summary
The petitioners, Himanshu Singh and Vinod Kumar Singh, sought anticipatory bail fearing arrest in a complaint (No.711 of 2019) alleging cheating under IPC section 420 and a bounced cheque under NI Act section 138. The court examined the facts and noted that petitioner 2, a 72‑year‑old, did not actually issue the cheque, whereas petitioner 1 had issued the cheque that bounced. Applying Section 438(2) of the CrPC and Section 482, the court granted anticipatory bail to petitioner 2 subject to a bail bond and sureties, but denied bail to petitioner 1. The bail order was therefore partially allowed. The decision underscores the court’s discretion to grant anticipatory bail only when the accused’s involvement does not directly constitute the alleged offence.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 438(2) CrPC and Section 482 in a case of cheque bounce and cheating
- Whether the fact that an accused did not issue the cheque warrants anticipatory bail despite the complaint
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- IPC 420
- Negotiable Instruments Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50361 of 2025
Arising Out of PS. Case No.-711 Year-2019 Thana- BHABHU(KAIMUR) COMPLAIN C
District- Kaimur (Bhabua)
======================================================
1. Himanshu Singh @ Sanni Singh S/o- Vinod Kumar Singh Resident of
village- Behara, P.S. Kerakat, District- Jaunpur, U.P
2. Vinod Kumar Singh S/o- Nand Lal Singh Resident of village- Behara, P.S.
Kerakat, District- Jaunpur, U.P
... ... Petitioners
Versus
1. The State of Bihar
2. Bajrang Khetan S/o- Late Jagdish Khetan Village- House No-12, Flat No-32,
Sidharth Naresh Bihar-2, Virdopur Ps- Bhelupur Dist- Varanasi, U.P, A/P-
Mesarsh Ganpat Rai Kewar Rai Trading Company Private Ltd. Karmanasha
GT Road Near Maharaja Line Hotel P.S.- Durgawati District - Kaimur at
Bhabua
... ... Opposite Parties
======================================================
Appearance :
For the Petitioners : Mr. Rajani Kant Pandey, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Complaint Case No.711 of 2019 for the offence
under sections 420 and of the Indian Penal Code and under
section 138 of the N.I. Act.
3. The petitioners are accused of issuing a
Cheque of Rs.44,69,5000/- in favour of the complainant which
has bounced.
4. From perusal of the records, it appears that
Patna High Court CR. MISC. No.50361 of 2025(5) dt.19-02-2026
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the petitioner no.2 has not issued the cheque and he is an old
person aged about 72 years. Hence, this Court is inclined to
grant him anticipatory bail.
5. Let the petitioner no.2, 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
concerned Court below, in connection with Complaint Case
No.711 of 2019, subject to the conditions laid down in section
438(2) of the Code of Criminal Procedure, 1973 / section 482 of
the BNSS.
6. So far as the bail of petitioner no.1 is
concerned, I am not inclined to grant him anticipatory bail since
he has issued the said cheque which has been bounced.
Accordingly, this bail application is dismissed with respect to
above named petitioner no.1
7. This bail application is partly allowed.
(Sandeep Kumar, J)
pawan/-
U T
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