Patna High Court
Shabbir Akhtar @ GudduversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
Provisional bail was granted subject to payment of the full Rs 6,42,000 and compliance with the bail bond conditions.
Summary
Shabbir Akhtar sought protection from arrest in a monetary dispute case (Kotwali P.S. Case No. 219 of 2025) involving alleged offences under Sections 316(2), 318(4), 319(2) and 61(2) of the Bihar Negotiable Instruments Act. He claimed the allegations were false, stating that Rs 10,00,000 was transferred to his account by the informant, of which he had already returned Rs 3,58,000 and was willing to pay the remaining Rs 6,42,000 in three installments. The High Court directed him to pay the full outstanding amount and granted provisional bail on condition of furnishing a bail bond of Rs 10,000 with two sureties, one of whom must be a close relative. The trial court was instructed to confirm the bail after verifying the payment receipts. The application for bail was consequently disposed.
Issues considered
- Whether provisional bail can be granted in a monetary dispute case involving alleged offences under the Bihar Negotiable Instruments Act.
- Whether the condition of full payment of the disputed amount can be imposed as a prerequisite for bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 319(2), 482, 61(2)
Subjects
- bail
- provisional bail
- monetary dispute
- negotiable instruments
- Section 316
- Section 318
- Section 319
- Section 61
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81649 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- KOTWALI District- Patna
======================================================
Shabbir Akhtar @ Guddu S/o- Naseem Akhthar Resident of House no- 24
Bhanwar Pokhar Bagicha, Near Lal Pan Bhandar, Near Biscuit Factory, Po-
Bankipur PS- Pirbahor, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ravi Shankar Kumar S/o- Sukhanandan Prasad R/v- Maujipur Po Ps- Fatuha
Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roushan Kumar
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Kotwali P.S. Case No. 219 of 2025 for the
offences punishable under Sections 316(2), 318(4), 319(2) and
61(2) of the BNS.
3. It is a case of monetary dispute between both the
parties.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that, as per the F.I.R., a total
sum of Rs. 10,00,000/- was transferred by the informant into the
Patna High Court CR. MISC. No.81649 of 2025(3) dt.11-02-2026
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account of the petitioner, out of which the petitioner has already
returned Rs. 3,58,000/-. Learned counsel submits that the
petitioner is ready and willing to pay the remaining amount of
Rs. 6,42,000/- in three equal installments of Rs. 2,14,000/- each.
The first installment of Rs. 2,14,000/- shall be paid at the time
of furnishing the bail bond, and the remaining two installments
shall be paid within a period of three months thereafter. It is also
submitted that the petitioner is ready to file an affidavit before
the learned Trial Court at the time of furnishing the bail bond
and undertaking about payment of the aforesaid amount in the
manner indicated above.
5. Petitioner is directed to pay entire amount i.e. Rs.
6,42,000/- to the informant.
8. Let the petitioner be released on provisional bail in
the event of arrest or surrender within a period of four weeks
from the date of receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Patna , in connection with Kotwali P.S. Case No.
219 of 2025 subject to the conditions as laid down under
Section 482 of B.N.S.S., as also with the condition that one of
the bailors should be close relative of the petitioner.
Patna High Court CR. MISC. No.81649 of 2025(3) dt.11-02-2026
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9. Trial Court is directed to confirm the provisional
bail granted to the petitioner after verifying the deposit receipts
of payment of the entire amount i.e. Rs. 6,42,000/- by the
petitioner to the opposite party no. 2/informant.
10. Accordingly, the instant application stands
disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
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