Patna High Court
Bechu AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner was the author of the bounced cheques and the allegations involved serious offences.
Summary
The petitioner, Bechu Ansari, was accused in a complaint case for offences under Sections 420, 406, 323, 504 of the IPC and Section 138 of the Negotiable Instruments Act, stemming from a failed land purchase transaction where he allegedly received Rs. 3,80,000 but neither executed a sale deed nor returned the money. Under pressure, he issued two cheques that later bounced due to insufficient funds. He applied for anticipatory bail to avoid arrest. The court examined whether the petitioner’s conduct justified granting anticipatory bail under Section 438 of the CrPC. Considering that the petitioner was the author of the bounced cheques and the seriousness of the alleged fraud, the court rejected the anticipatory bail application. The petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the IPC and the Negotiable Instruments Act
Legislation cited
- Indian Penal Code — s. 323, 406, 420, 504
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- Section 138 NI Act
- fraud
- criminal complaint
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7939 of 2025
Arising Out of PS. Case No.-58 Year-2018 Thana- COMPLAINT CASE - SHERGHATI
District- Gaya
======================================================
Bechu Ansari Son of Md. Muslim Miyan @ Antu Miyan Resident of Village -
Srirampur, P.S. - Sherghati, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Singh Son of Late Bindeshwari Singh Resident of Village -
Hatiya, Mohalla - Sherghati, P.S. - Sherghati, District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a complaint
case punishable for offence under Sections 420, 406, 323, 504
of the Indian Penal Code and Section 138 of the N.I. Act.
3. As per complaint petition, the complainant gave
total sum of Rs. 3,80,000/- to petitioner through bank account
and cash for purchasing a piece of land, but this petitioner
neither executed sale-deed in favour of complainant nor
returned alleged money and when complainant mounted
pressure upon petitioner, he (petitioner) gave two cheques to the
complainant / opposite party no. 2, which got disonoured due to
insufficient money in the account of petitioner.
Patna High Court CR. MISC. No.7939 of 2025(4) dt.17-02-2026
2/2
4. Considering the fact that petitioner is author of the
aforesaid two cheques, which got bounced due to insufficient
fund, the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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