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Patna High Court

Ajeet Kumar @ Ajit KumarversusThe State Of Bihar

Decided
Disposal
DISMISSED

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

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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