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Patna High Court

Rohit Kumar @ Ghanshyam BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties and conditions of appearance.

Summary

The petitioner, Rohit Kumar, was charged under IPC sections 406 and 420 and NI Act section 138 for allegedly receiving Rs. 38 lakh and issuing cheques that bounced. He claimed the money was for a land sale and that an agreement showed Rs. 33 lakh would be returned, with the remaining Rs. 5 lakh also to be returned. The opposite party denied receiving any payment and highlighted the petitioner's prior criminal record, though the petitioner was already on bail in other matters. The court considered that the dispute was essentially a financial transaction for which civil remedies were available and noted the petitioner had been in custody since September 2024. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of regular appearance and the possibility of cancellation for non‑appearance.

Issues considered

  • Whether bail should be granted in a case involving offences under IPC sections 406, 420 and NI Act section 138.
  • Whether the nature of the financial dispute and availability of civil remedies affect the grant of bail.
  • Whether the petitioner's prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • dishonour of cheque
  • financial fraud
  • civil remedy
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90852 of 2025
                  Arising Out of PS. Case No.-444 Year-2016 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Rohit Kumar @ Ghanshyam Bharti Son of Ambika Bharti @ Munshi Giri
                 Resident of Village - Sinkandarpur (Near Shiv Mandir), Police Station -
                 Shahpur, District - Patna.
                                                                       ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Yugal Kishore Singh Son of Sukhdeo Singh Resident of Mohalla - Gur Ki
                  Mandi, Police Station - Alamganj, P.O.- Gulzarbagh, District - Patna.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ayush
                 For the Opposite Party/s :      Mr. Satyendra Prasad
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   27-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 406 and 420 of the Indian

                   Penal Code and Section 138 of the N.I. Act.

                                3. As per the complaint, the petitioner entered into an

                   agreement with the complainant and complainant gave about

                   Rs. 38 lakhs to the petitioner. It is alleged that the petitioner

                   gave several cheques to the complainant and all of them got

                   bounced due to insufficient fund.

                                4. Learned counsel for the petitioner has submitted

                   that the present case relates to financial transaction between the

                   petitioner and the complainant on account of an agreement with
Patna High Court CR. MISC. No.90852 of 2025(3) dt.27-02-2026
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          regard to sale of land for which Rs. 38 lakhs in total was given

          to the petitioner. However, Annexure-p/3 which is an agreement

          between the parties has been pointed out wherein it has been

          stated that Rs. 33 lakhs is being returned to the opposite party

          no. 2. and the petitioner is even ready to return rest Rs. 5 lakhs

          to the opposite party no. 2. Further, the petitioner is in custody

          since 23.09.2024.

                       5. Learned counsel for the opposite party no. 2,

          however, opposes the bail application on the ground that he still

          denies to have received such payment. It is further submitted

          that the petitioner has several other criminal antecedents. In

          response, it is submitted that the petitioner is on bail in the other

          cases.

                           6. Taking into consideration the facts and

          circumstances and also considering the fact that the matter

          involves financial transaction for which recourse can be taken to

          alternative civil remedies, further the petitioner is in custody

          23.09.2024 and the case is pending on before charge evidence,

          let the above named petitioner, be enlarged on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          court below where the case is pending/successor court in
             Patna High Court CR. MISC. No.90852 of 2025(3) dt.27-02-2026
                                                         3/3




                       connection with Complaint Case No. 444 of 2016, subject to the

                       conditions that the petitioner shall cooperate in the conclusion

                       of trial by appearing on each and every date till conclusion of

                       trial and if the petitioner does not appear on two consecutive

                       dates without any substantial and satisfactory reason, the

                       learned court below would be at liberty to cancel his bail bonds.


                                                 (Soni Shrivastava, J)
devendra/-

U      T


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