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Patna High Court

Sanjay Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to payment of Rs. 2,00,000 in two installments and the furnishing of bail bonds and sureties.

Summary

The petitioner, Sanjay Kumar Das, sought anticipatory bail in a complaint alleging cheating and the issuance of two bounced cheques amounting to Rs. 4,00,000, filed under Sections 406 and 420 of the IPC and Sections 138 and 141 of the Negotiable Instruments Act. The petitioner offered to pay the amount of one bounced cheque (Rs. 2,00,000) and argued that he should not be arrested. The complainant opposed the bail, contending that both cheques had bounced and the amount was due. The court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, directing the petitioner to furnish bail bonds of Rs. 10,000 with two sureties and to pay Rs. 2,00,000 in two installments, the first Rs. 1,00,000 as a condition for provisional bail and the second to confirm interim bail. The deposited amount was to be handed over to the complainant.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences of cheating and cheque bounce.
  • Whether the petitioner should be conditioned to pay the bounced cheque amount as a prerequisite for bail.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • cheque bounce
  • Section 406 IPC
  • Section 420 IPC
  • Section 138 NI Act
  • Section 141 NI Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80706 of 2024
                    Arising Out of PS. Case No.-874 Year-2021 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Sanjay Kumar Das Son of Yogendra Das Village- Paur Malshah
                 Mohammadpur, Po- Pour, Ps- Tisiauta, Dist- Vaishali

                                                                                 ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Parnav Kumar Wats son of Naresh Chandra Jha @ Laddu Baba village-
                 Professor colony, Ward no. 16, Gangajala, Po- Saharsa, ps- Saharsa, Dist-
                 Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Purushotam Sharma, Advocate
                 For the State              :      Mr. Uma Shankar Prasad Singh, A.P.P.
                 For the O.P. No.2          :      Mr. Chandra Mohan Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-02-2026                            Heard the learned counsel for the petitioner, the

                   learned counsel for the complainant and the learned A.P.P. for

                   the State.

                                        2. The petitioner apprehends arrest in connection

                   with Complaint Case No. 874 (C) of 2021 instituted under

                   Sections 406 and 420 of the I.P.C. and Sections 138 and 141 of

                   N.I. Act.

                                        3. As per prosecution case, the allegation against

                   the petitioner is of cheating the complainant of Rs. 4,00,000/-.

                                        4. Learned counsel for the petitioner submits that

                   he had issued a cheque of Rs. 2,00,000/- in favour of the
Patna High Court CR. MISC. No.80706 of 2024(3) dt.09-02-2026
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          complainant which has bounced and he is ready to pay that

          amount to the complainant without prejudice to his rights and

          defence.

                       5. The learned counsel for the complainant, Mr.

          Chandra Mohan Jha, opposes the prayer for anticipatory bail of

          the petitioner and he submits that both the cheques have

          bounced and an amount of Rs. 4,00,000/- is due to the petitioner

          but it has been controverted by the learned counsel for the

          petitioner by saying that one cheque of Rs. 2,00,000/- has

          bounced and Mr. Chandra Mohan Jha is arguing the case

          without proper instruction.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioner, above named, be released on bail

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

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

          learned JM 1st Class, Saharsa in connection with Complaint

          Case No. 874 (C) of 2021, subject to the conditions laid down in

          Section 438 (2) of the Cr. P.C, Section 482 of the B.N.S.S.

                       7. The petitioner is directed to return the amount of

          Rs. 2,00,000/- (Two Lakhs) at the time of furnishing bail bonds
             Patna High Court CR. MISC. No.80706 of 2024(3) dt.09-02-2026
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                       in two installments. After deposit of first installment of Rs.

                       1,00,000/- (One Lakh), the petitioner shall be granted

                       provisional bail and after deposit of second installment, the

                       interim bail of the petitioner shall be confirmed. The amount so

                       deposited through bank draft shall be handed over to the

                       complainant by the court below.



                                                  (Sandeep Kumar, J)
vashudha/-

U      T


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