Patna High Court
Vicky Kumar Jha @ Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Vicky Kumar Jha, was implicated in a complaint (Case No. 830 of 2023) alleging cheque bounce offences under Sections 406, 420 of the IPC and Section 138 of the Negotiable Instruments Act. He denied signing the alleged agreement, claimed no money was transferred to his account, and asserted that he had already paid Rs.12,00,000 and was willing to pay the remaining Rs.8,00,000 in installments. The petitioner sought anticipatory bail, arguing his innocence, clean antecedents, and willingness to comply with court directions. The State opposed the bail, contending the seriousness of the allegations. The High Court, after considering the general nature of the accusation, the petitioner’s clean record and his undertaking, granted anticipatory bail subject to a cash deposit of Rs.8,00,000 in two installments and a bail‑bond of Rs.10,000 with sureties, under Section 482(2) of the B.N.S.S. The order was limited to bail and did not address the merits of the case.
Issues considered
- Whether anticipatory bail should be granted in a cheque bounce case involving offences under Sections 406, 420 IPC and 138 NI Act.
- Whether the petitioner’s clean antecedents and willingness to pay the alleged amount justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- Section 138 NI Act
- Sections 406 IPC
- Section 420 IPC
- bail conditions
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62184 of 2025
Arising Out of PS. Case No.-830 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Vicky Kumar Jha @ Vicky Kumar S/o Shri Krishna Kant Jha @ Krishan
Kumar Jha Resident Of Village-Bhardhai, P.o-Bhardha, P.s-Babubhari,
(Andhrakhari), District-Madhubani, Bihar. At P/A- Vastu Vihar, Shahapur
Chhaka, Phase-I, kaveri 35, Ps- Mabbi, Po- Lal Shahpur, Dist- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Awadhesh Roy Son of Late Hitnarayan Roy Resident Of Village-
Mishrawalia Via Natwar, Po- Saraon, Dist- Rohtas At P/A- Mohalla- Rajeev
Nagar, Road No. 18, II-B, Ps- Rajeev nagar, Post- Keshri Nagar, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Kumar Singh, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a complaint
case registered for the offence punishable under Sections 406
and 420 of the Indian Penal Code and Section 138 of the
Negotiable Instruments Act.
3. It is a case of cheque bounce. As per complaint
petition, the complainant alleged that under the guise of
executing contractual works, this petitioner dishonestly induced
the complainant to part with a substantial sum of money on
Patna High Court CR. MISC. No.62184 of 2025(4) dt.08-01-2026
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various occasions and thereafter, despite repeated assurances,
the petitioner failed to fulfill the obligations and issued two
cheques amounting to Rs. 10,00,000/- each, for repayment of
the same, which got dishonoured on presentation and thus, this
petitioner cheated the complainant and breached his trust
causing wrongful loss to him and taking unlawful gain to
himself.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner denies his signature on the
alleged agreement dated 04.08.2021. As a matter of fact, not a
single penny has been transferred from the account of the
complainant into the bank account of this petitioner. However, it
is submitted that at this stage, without admitting his guilt,
petitioner has paid Rs. 12,00,000/- (Twelve lakh rupees) and is
ready to deposit the rest of the amount allegedly transferred in
the account of this petitioner, amounting to Rs. 8,00,000/-
(Rupees eight lakh), in easy installments. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. appearing on
behalf of the State has vehemently opposed the prayer for grant
of anticipatory bail to the petitioner.
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6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, clean
antecedents and aforesaid undertaking of the petitioner, prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Patna City, Patna in connection with Complaint Case No. 830C
of 2023, subject to condition as laid down under Section 482(2)
of the B.N.S.S., along with the following terms and conditions:
“A. At the time of furnishing bail-bond Rs.
4,00,000/- (Rupees four lakh) shall be
deposited through cash in the Nazarat of the
Civil Court, Patna.
B. Rest amount i.e. Rs. 4,00,000/- (Rupees four
lakh) shall be deposited in the Nazarat of
Civil Court, Patna in two equal installments
within a period of six months from the date
of furnishing bail-bond.
C. The aforesaid payment shall be subject to the
final outcome of the case.
D. If petitioner fails to comply the aforesaid
direction of this Court, the learned Trial Court
is free to cancel the bail-bond of the
petitioner.”
8. It is made clear that without going into the merit
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of the case, the aforesaid order has been passed only for the
purpose of grant of bail.
(Prabhat Kumar Singh, J)
shashank/-
U T
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