Patna High Court

Amarjeet Kumar @ Amarjeet YadavversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Pre‑arrest bail was denied to the petitioner.

Summary

The petitioner, Amarjeet Kumar, sought pre‑arrest bail after an FIR alleged that he issued a cheque of Rs 3 lakh in favour of the informant which later bounced. The FIR charged him under sections 318(4), 338, 336(3), 3(5) of the Bihar Negotiable Instruments Act and section 138 of the Negotiable Instruments Act. The petitioner feared arrest and applied for bail. The Court examined the nature of the accusation, the material evidence on record and the seriousness of the offences. Considering these factors, the Court concluded that the gravity of the alleged offences warranted denial of bail. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged cheque bounce offences under the Bihar Negotiable Instruments Act and the Negotiable Instruments Act

Legislation cited

Bihar Negotiable Instruments Act — s. 318(4), 336(3), 338, 3(5)
Negotiable Instruments Act — s. 138

Subjects

pre‑arrest bail
cheque bounce
section 138 NI Act
criminal procedure
bail jurisprudence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8044 of 2026
                        Arising Out of PS. Case No.-438 Year-2024 Thana- ALOULI District- Khagaria
                  ======================================================
                  Amarjeet Kumar @ Amarjeet Yadav S/o- Sudhir Yadav Resident of Vllage-
                  Rampur Alauli PS- Alauli District- Khagaria

                                                                                    ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Amar Kumar Singh, Advocate
                  For the Opposite Party/s :        Mr. Tapeshwar Sharma, APP
                  For informant            :        Mr. Ranjeet Kumar singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    20-02-2026                        Heard learned counsel for the petitioner and the
                    State .
                                 2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 318 ( 4 ), 338 , 336 (3)
                    and 3 (5) of BNS and 138 N .I. Act.
                                 3. As per F.I.R. informant alleged that this petitioner is
                    author of cheque of Rs. 3 lacs which was issued in favour of
                    informant, but returned dishonoured.
                                  4. Considering the nature of accusation , materials
                    available on record and gravity of offence , prayer for pre-arrest
                    bail of the petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/-

U      T

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