Patna High Court
Ram Prakash Pandey @ Rama Prakash PandeyversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- ALOK KUMAR SINHA
Holding
The anticipatory bail application is dismissed as there is no apprehension of arrest while the proceedings are stayed.
Summary
The petitioners, Ram Prakash Pandey and Satya Prakash Pandey, feared arrest in connection with Complaint No.6397 of 2023, which alleged offences under Sections 406, 420 of the IPC and Section 138 of the Negotiable Instruments Act. They filed a quashing application (Cr. Misc. No.19860 of 2025) and subsequently sought anticipatory bail. The Patna High Court had earlier stayed further proceedings in the complaint case. Since the stay removed any immediate risk of arrest, the Court dismissed the anticipatory bail application, granting the petitioners liberty to file a fresh bail prayer if the stay is lifted or the quashing application is dismissed.
Issues considered
- What is the appropriate relief when the petitioner fears arrest but the criminal proceedings are stayed?
Legislation cited
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- quashing of criminal proceeding
- stay of proceedings
- Section 406 IPC
- Section 420 IPC
- Section 138 NI Act
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9041 of 2026
Arising Out of PS. Case No.-6397 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
1. Ram Prakash Pandey @ Rama Prakash Pandey son of Sri Murlidhar Pandey
Resident of P -214, Lake Town, Block A North 24, Parganas Police Station-
Lake Town, Kolkata 700089, West Bengal, Director of M/S ASCAN
PLYBOARD INDIA PVT. LTD
2. Satya Prakash Pandey Son of Sri Murlidhar Pandey Resident of P -214, Lake
Town, Block A 24, Parganas Police Station- Lake Town, Kolkata 700089,
West Bengal, Director of M/S ASCAN PLYBOARD INDIA PVT. LTD
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Rishikesh Chanchal, Adv.
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No.6397 of 2023 registered for the offence
under Sections 406, 420 IPC and 138 of the N.I. Act.
3. Learned counsel appearing for the petitioner
submits that for quashing of the order of cognizance passed in
Complaint Case No.6397 of 2023 by the court below, the
petitioner has filed a quashing application bearing Cr. Misc.
No.19860 of 2025. The said criminal miscellaneous application
was heard on 13.02.2026 by this Court and further proceedings
of the complaint case has been ordered to remain stayed qua the
Patna High Court CR. MISC. No.9041 of 2026(3) dt.22-04-2026
2/2
petitioner.
4. Since the further proceedings have been stayed by
this Court, there is no apprehension of arrest, and therefore, this
application is dismissed with liberty to the petitioner to renew
his prayer for grant of anticipatory bail in case the stay order is
vacated or if the quashing application filed by the petitioner is
dismissed.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
Checking your session…