Patna High Court
Nayan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Nayan Kumar, was accused in a complaint of cheating under Sections 420 and 34 of the Indian Penal Code and of issuing a bounced cheque under the Negotiable Instruments Act. He claimed to have a clean record and argued that the complainant failed to appear despite receiving notice, and that the allegations were false. The petitioner sought anticipatory bail, asserting that the case lacked proper details such as land records and that the offence under the NI Act is bailable. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged cheating under IPC 420 and a bounced cheque under the NI Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 420
- Negotiable Instruments Act
Subjects
- anticipatory bail
- cheating
- bounced cheque
- IPC 420
- Negotiable Instruments Act
- Criminal Procedure
- Bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72036 of 2025
Arising Out of PS. Case No.-1289 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
Nayan Kumar Son of Jawahar Singh Ward No.- 09, R/o village - Pothiya Near
Primary Vidhalya, P.O.- Jotha, P.S.- Dhouraia, Dist.- Banka 813109 at present
Address Keshav Bhawan Mohalla aliganj, P.S.- Babarganj, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Gayatri Sharma Wife of Rajeev Ranjan Sharma Resident of village -
Sakunullachak, P.S.- Babbarganj, District - Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Sharma
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 420, 34 of the Indian
Penal Code.
3. Learned counsel for the petitioner submits that
from perusal of the office report dated 16.01.2026, it would
manifest that ordinary notice has been received by the O.P. No.2
but then O.P. No.2 despite receiving notice, chose not to appear
and contest, it is next submitted that petitioner is a person with
clean antecedent and informant alleges that petitioner was
student of her brother and took Rs. 5 lakhs in name of selling
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land, but it was found that there was no land for which money
was taken, hence money was demanded back on which
petitioner issued a cheque which on presentation for encashment
bounced.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has falsely
been implicated in the instant case by the complainant. It is
further submitted that from perusal of the compliant, it would
manifest that the same does not disclose the khata, khesra
number of the land which the complainant intended to purchase
for which she was approached by the petitioner, it is next
submitted that though in the F.I.R., it is alleged that the
petitioner duped the complainant of Rs.5 lakhs but then
petitioner had taken a loan of Rs.1 lakh from the complainant
and accordingly had issued cheque which on presentation for
encashment bounced but then offence under the N.I. Act is
bailable, it is further submitted that in order to give seriousness
to the case, false allegation is alleged that petitioner on pretext
of selling land duped the complainant of Rs. 5 lakhs. It is
further submitted that this perhaps explain why O.P. No.2
despite receiving notice chooses not to appear and contest, it is
also submitted that if petitioner in the trial in the case relating to
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N.I. Act is convicted, he will face the consequences.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, I am inclined to grant privilege of anticipatory bail
to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the Judicial Magistrate, Ist Class, Bhagalpur, in
connection with Complaint Case No.1289/2023, subject to the
conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Satyavrat Verma, J)
sanjeev/-
U T
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