Allahabad High Court
SHYAM BIHARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application to quash the summoning order is refused, and the applicant must surrender within three weeks with bail to be decided expeditiously.
Summary
The High Court considered an application under Section 528 of the B.N.S.S. filed by Shyam Bihari seeking to quash a summoning order dated 13‑December‑2021 issued in a complaint under Section 138 of the Negotiable Instruments Act. The applicant also requested that the lower courts decide his bail application expeditiously. The State’s Advocate General raised no objection to the applicant’s alternative prayer. The Court held that the request to quash the summoning order could not be granted and therefore refused the relief. However, the Court directed the applicant to surrender before the trial court within three weeks and ordered that any bail application be decided promptly in line with the Supreme Court’s decision in Satender Kumar Antil v. CBI. The Court also ordered that no coercive action be taken against the applicant during the three‑week period. The application was consequently disposed of.
Issues considered
- Whether the application under Section 528 B.N.S.S. to quash the summoning order can be entertained
- Whether the Court can direct expeditious consideration of the applicant’s bail application
Legislation cited
- B.N.S.S. — s. 528
- Negotiable Instruments Act — s. 138
Subjects
- bail
- Section 528
- quash order
- Negotiable Instruments Act
- expeditious bail
- surrender
- coercive action
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16491 of 2026
Shyam Bihari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arunesh Datta, Devendra Mani
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. This application under Section 528 B.N.S.S. has been filed by the
applicant to quash the summoning order dated 13.12.2021 passed by the
Presiding Officer, Additional Judge, Court No.2, Agra, in Complaint Case
No.8910 of 2021 (Bahadur Singh vs. Shyam Bihari), under Section 138
N.I.Act, P.S.New Agra, District Agra, pending in the court of Presiding
Officer, Additional Judge, Court No.2, Agra.
3. On the matter being taken up, learned counsel for the applicant has not
pressed the relief as sought by means of this application on merit and
prayed for issuance of appropriate direction to the concerned Courts
below to decide the bail application of the applicant expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of
the applicant.
5. Accordingly the relief as sought by the applicant through this
application is refused.
6. Considering the aforesaid alternative prayer of the applicant, it is
directed that applicant shall surrender before the concerned Court below
within three weeks from today and in case applies for bail, the bail
application shall be decided expeditiously by the courts below in
accordance with law laid down by the Apex Court in the case of Satender
Kumar Antil Vs. Central Bureau of Investigation and another, reported
NA528 No. 16491 of 2026
2
in 2021 SCC OnLine SC 922.
7. For the period of three weeks from today or till the time of surrender of
the applicant before the Court below, whichever is earlier, no coercive
action shall be taken against him.
8. With the aforesaid directions, this application under Section 528
B.N.S.S. stands disposed of.
April 23, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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