Patna High Court
Dhananjay Kumar @ Dhananjay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail cannot be granted as the accusations are specific, direct, and of a grave nature.
Summary
The petitioner, Dhananjay Kumar, sought anticipatory bail in a case alleging offences under Sections 406 and 420 of the IPC and Section 138 of the Negotiable Instruments Act, stemming from a cheque‑bounce dispute involving Rs. 70 lakh. The prosecution alleges that the petitioner, along with a co‑accused, obtained money from the informant for land execution, failed to execute the land, and issued cheques that later bounced, constituting cheating and extortion. The petitioner claimed innocence, clean antecedents, and that he was falsely implicated. The State and the informant opposed the bail, emphasizing the petitioner’s role as the author of the bounced cheques. The court, after considering the specific and grave nature of the accusations, rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations of cheating, criminal breach of trust, and cheque bounce.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses.
- Whether the facts constitute offences under Sections 406, 420 IPC and Section 138 NI Act.
Legislation cited
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- criminal breach of trust
- cheating
- extortion
- Indian Penal Code
- Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82802 of 2025
Arising Out of PS. Case No.-684 Year-2022 Thana- BELAGANJ District- Gaya
======================================================
Dhananjay Kumar @ Dhananjay Kumar Gupta Son of Late Birju Sao @ Birju
Prasad @ Birju Prasad Sao @ Birju Saw Resident Of Village- Bela Bajar Ps
-Belaganj Dist -Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satyendra Yadav Son of Raghunandan @ Raghunandan yadav Resident Of
Village- Amar Bigha, Ps- Belaganj, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Aryan Singh, Advocate
For the State : Ms. Nirmala Kumari, APP
For the Informant : Mr. Vikash Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the
informant/Opposite Party No. 2.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 406 and 420 of the
Indian Penal Code and Section 138 of the Negotiable Instrument
Act.
3. It is a case of cheque bounce. As per prosecution
case, it is alleged that this petitioner, along with co-accused Ajit
Kumar, took Rs. 70,00,000/- (Seventy lakhs rupees) from the
Patna High Court CR. MISC. No.82802 of 2025(2) dt.09-02-2026
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informant as consideration money in lieu of executing a land in
his favour and later on, refused to execute the land. Thereafter,
when the informant asked for his money back, the accused
persons issued cheques in his favour which got bounced due to
insufficiency of funds. Thus, the accused persons cheated the
informant and extorted money from him.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case with ulterior motive. Petitioner claims clean
antecedents.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant/Opposite Party No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and is author of the cheque which got bounced due to
insufficiency of funds and thus, this petitioner cheated the
informant and extorted money from him in lieu of executing a
land in his favour.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
Patna High Court CR. MISC. No.82802 of 2025(2) dt.09-02-2026
3/3
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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