Created by Fuzzy Cloud

Patna High Court

Rakesh Kumar @ Rakesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted provisional anticipatory bail to the petitioners, subject to payment conditions and compliance with Section 438(2) of the CrPC.

Summary

The petitioners, Rakesh Kumar and his wife Khusboo Singh, faced arrest in a complaint (No. 1397 of 2024) alleging cheating of Rs. 15 lakh and a bounced cheque under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 138 of the Negotiable Instruments Act. They offered to pay Rs. 10,85,000 to the complainant within a month, an offer accepted by the complainant. The High Court, after hearing counsel, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds and two sureties of Rs. 10,000 each, and producing demand drafts of Rs. 2 lakh within two weeks and Rs. 9 lakh within the subsequent two weeks. The demand drafts, once deposited, would be released to the complainant, and the bail would be confirmed upon compliance. The order was issued under the conditions of Section 438(2) of the Code of Criminal Procedure, 1973.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case involving alleged cheating and cheque bounce under the Bharatiya Nyaya Sanhita and the Negotiable Instruments Act?
  • Can anticipatory bail be conditioned upon the petitioners' payment of the claimed dues through demand drafts?

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • cheque bounce
  • provisional bail
  • payment conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75873 of 2025
                  Arising Out of PS. Case No.-1397 Year-2024 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
           1.     Rakesh Kumar @ Rakesh Kumar Singh Son of Kamdeo Singh R/o Vill -
                  Belma, P.O. - Nagariyawan, P.S. - Khizersarai. presently residing at Kamdeo
                  Singh Bhawan(Belma Niwas) House no. GE0022143 Vishnu Bihar Near
                  Jagjivan College, P.O. - Buniyadganj, P.S. - Muffasil, Dist. - Gaya, 823003.
           2.    Khusboo Singh W/o Rakesh Kumar R/o Vill - Belma, P.O. - Nagariyawan,
                 P.S. - Khizersarai. presently residing at Kamdeo Singh Bhawan(Belma
                 Niwas) House no. GE0022143 Vishnu Bihar Near Jagjivan College, P.O. -
                 Buniyadganj, P.S. - Muffasil, Dist. - Gaya, 823003.

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Rinki Devi W/o Rakesh Ranjan R/o Village - Bairka, P.O. - Bairka, P.S. -
                 Gehlor, Dist. - Gaya.
           3.    Rinki Devi Wife of Rakesh Ranjan R/o Vill. - Bairka, P.O. - Bairka, P.S.-
                 Gehlor, Dist. - Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Praveen Kumar, Advocate
                 For the State          :        Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend arrest in connection

                   with Complaint Case No. 1397 of 2024 instituted under

                   Sections 318(4) of the Bharatiya Nyaya Sanhita and Section

                   138 of the NI Act.

                                3. The petitioners are accused of cheating the

                   complainant of Rs. 15 lakhs, the amount for which the cheque
Patna High Court CR. MISC. No.75873 of 2025(3) dt.12-03-2026
                                            2/3




          has bounced.

                       4. Learned counsel for the petitioners, on instruction

          from the petitioners has submitted that the petitioners are ready

          to pay the admitted dues of Rs. 10,85,000/- to the opposite

          party no. 2/complainant within one month from today.

                       5. Learned counsel for the opposite party no. 2 has

          no objection to the offer made by the petitioners.

                       6. In view of the above, this application is allowed.

                       7. Let the petitioners, above named, in the event of

          arrest or surrender before the Court below within four weeks

          from today, be released on provisional anticipatory bail upon

          furnishing bail bonds of Rs.10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Judicial Magistrate, 1st Class, Gaya/ concerned Court in

          connection with Complaint Case No. 1397 of 2024, subject to

          the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973.

                       8. This is subject to the condition that at the time of

          surrender, the petitioners will produce a demand draft of Rs. 2

          lakhs issued in favour of the complainant within two weeks. If

          such demand draft is produced in the Court below within the

          stipulated time, their bail bonds shall be accepted. Thereafter,
           Patna High Court CR. MISC. No.75873 of 2025(3) dt.12-03-2026
                                                       3/3




                     within next two weeks, the petitioners shall produce a demand

                     draft of Rs. 9 lakhs in favour of the complainant in the Court

                     below. If such demand drafts are produced in the Court below,

                     the Court below will confirm the provisional anticipatory bail

                     granted to the petitioners.

                                  9. The demand draft as and when deposited in the

                     Court below shall be released in favour of the complainant.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.