Patna High Court
Ajeet Kumar @ Ajit KumarversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Ajeet Kumar, was arrested in October 2024 and charged under IPC Sections 420, 406, 120B/34 and later 409 for allegedly issuing a Rs. 25‑lakh cheque that was dishonoured. He claimed the cheque was lost or stolen, a defence the court said it could not examine in the bail proceeding. The court observed that the allegations were serious, with prima facie material indicating his involvement, and therefore was not inclined to grant regular bail. Consequently, the application for regular bail was rejected and the trial was directed to be expedited. The court clarified that its observations were only prima facie for the bail application and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences under Sections 420, 406, 120B/34 and 409 of the IPC
- Whether the defence of loss or theft of the cheque can be considered at the bail stage
Legislation cited
- Indian Penal Code — s. 120B, 34, 406, 409, 420
Subjects
- bail
- cheque bounce
- IPC
- fraud
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81850 of 2025
Arising Out of PS. Case No.-43 Year-2023 Thana- BUXAR District- Buxar
======================================================
Ajeet Kumar @ Ajit Kumar S/o Late Ashok Kumar Incharge of Bihar State
Seeds Corp. Buxar, (At Present in Judicial Custody), Resident Of Mohalla
Road No 4, Rewa Road, Sir Ganesh Dutt Nagar, Bhagwanpur, P.s.-
Bhagwanpur (Sadar), Dist.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Harendra kumar Mishra S/o late gopal mishra vill kKanjiya P S sikraul Lakh
Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Dayal Singh
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Buxar Town P.S. Case No. 43 of 2023, which was initially
registered for offences under Sections 420, 406, 120B/34 of the
Indian Penal Code. Subsequently, Section 409 of the IPC was
also added.
3. The petitioner issued a cheque of Rs. 25 lakhs,
which was dishonoured upon presentation. The petitioner,
however, has taken the defence that the cheque was lost or
stolen and has been misused. This defence cannot be examined
by this Court in this proceeding, as it is a very common defence
Patna High Court CR. MISC. No.81850 of 2025(4) dt.27-04-2026
2/2
and right from the date when the NI Act was promulgated, this
defence has been taken by accused persons. The petitioner is in
custody since 21.10.2024.
4. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material indicating
his involvement in the commission of the offence.
5. Considering the facts and circumstances of the
case, the nature of allegation and the materials available on
record, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected. The Trial is directed to be expedited.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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