Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner with conditions, as the matter was deemed primarily civil and the petitioner had a clean antecedent.
Summary
Mukesh Kumar, the petitioner, was named in a 2016 complaint alleging criminal breach of trust under IPC Section 406 and dishonour of cheque under NI Act Section 138 for allegedly failing to repay a Rs. six lakh loan. He contended that the complaint was unsubstantiated, lacked an affidavit, and stemmed from business rivalry, asserting he never received any loan and has a clean antecedent. The State opposed his request for anticipatory bail. The court observed that the dispute appeared primarily civil, involving a failure to return the loan amount, and noted the petitioner’s clean record. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order was issued by Justice Chandra Shekhar Jha of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under IPC Section 406 and NI Act Section 138
- Whether the allegations constitute a civil dispute rather than a criminal offence
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 406
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- criminal breach of trust
- cheque dishonour
- civil dispute
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89313 of 2025
Arising Out of PS. Case No.-1678 Year-2016 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Mukesh Kumar Son of Late Vijay Prasad @ Vijay Kumar Resident of
Mohalla- K.P. Road Chowk in front of United Bank Upper floor of Pramod
Laddu Shop, P.S.- Kotwali, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Zahid Son of Gulam Rabbani Resident of Mohalla- Nadraganj
Baradaha, P.S.- Civil Lines, District- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjawal Kumar Singh, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the complaint, is
apprehending his arrest in connection with Complaint Case
No. 1678 of 2016 registered for the offences punishable
under Sections 406 of the Indian Penal Code and section 138
of the N.I. Act.
3. As per Complaint, petitioner alleged to take loan of
Rs. Six Lakhs from the complainant but same was not
returned within stipulated period of time.
4. Learned counsel appearing on behalf of the
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petitioner submitted that allegation as raised through
complaint not appears convincing and reliable for the reason
that same not appears supported through affidavit. It is
submitted that petitioner never received any such loan from
the complainant and the allegation raised only due to business
rivalry.
5. It is submitted therefore that the legality of
allegation prima facie appears questionable in view of legal
report of Hon’ble Supreme Court as available through
Priyanka Srivastava Vs. State of Uttar Pradesh [2015
(6) SCC 287]. Petitioner claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and by
taking note of the fact as as dispute primarily appears civil in
nature where implication appears arising out of none return of
loan amount within stipulated period of time to the
complainant, accordingly, above-named petitioner, who is a
man of clean antecedent, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
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enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount each
to the satisfaction of learned Judicial Magistrate - 1 st Class,
Gaya Ji/concerned court in connection with Complaint Case
No. 1678 of 2016, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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