Patna High Court
Akhaya Lal Sah @ Akhaya Lal @ Akhayalal Sah @ Akshay Lal ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The court refused to grant pre‑arrest bail, disposing the bail application.
Summary
Akhaya Lal Sah applied for pre‑arrest bail in a complaint case involving alleged offences under Section 138 of the Negotiable Instruments Act and Sections 420, 323, 341 and 504 of the Indian Penal Code. The matter was earlier referred to the Patna High Court Mediation and Conciliation Centre, but the mediator reported that the dispute could not be settled. The court considered the seriousness of the alleged offences and the failure of mediation. Justice Purnendu Singh held that the petitioner was not entitled to pre‑arrest bail. The application for bail was therefore disposed of, with the court indicating that the petitioner could seek other legal remedies if desired.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner given the seriousness of the offences under the NI Act and IPC and the failure of mediation.
Legislation cited
- Indian Penal Code — s. 323, 341, 420, 504
- Negotiable Instruments Act — s. 138
Subjects
- pre‑arrest bail
- Negotiable Instruments Act
- Section 138
- Indian Penal Code
- Section 420
- Section 323
- Section 341
- Section 504
- mediation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56783 of 2025
Arising Out of PS. Case No.-1451 Year-2024 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
======================================================
Akhaya Lal Sah @ Akhaya Lal @ Akhayalal Sah @ Akshay Lal Shah S/O
Late Ram Sakal Sah @ Late Ramsakal Sah Village- Shanti Nagar, Garhani,
P.S.- Garhani, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar @ Sanjay Sah S/O Late Rajendra Prasad @ Rajendra Sah
Village- Garhani, P.S.- Garhani, District- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Informant : Mr. Raj Narayan Mishra, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 11-02-2026 Heard Mr. Diwakar, learned counsel appearing on
behalf of the petitioner; Mr. Raj Narayan Mishra, learned
counsel appearing on behalf of the informant and Mr.
Mohammed Arif, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Case No. 1451(C) of 2024, registered for the
offence punishable under Section 138 of the N.I. Act and
Sections 420, 323, 341 and 504 of the Indian Penal Code.
3. Vide order dated 26.11.2025, the matter was
referred to Patna High Court Mediation and Conciliation Centre
for amicable settlement, however, it has been informed that the
Patna High Court CR. MISC. No.56783 of 2025(6) dt.11-02-2026
2/2
dispute between the parties could not be resolved through the
process of mediation and a report dated 30.01.2026 to that effect
has been submitted by the learned Mediator, which has been
kept at Flag “M”.
4. In view of the subsequent development and the
seriousness of the offence committed by the petitioner, I am not
inclined to enlarge the petitioner on pre-arrest bail.
5. However, the petitioner, if so advised, may avail
appropriate remedy in accordance with law.
6. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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