Divyendu Bhardwaj Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2026)

Divyendu Bhardwaj Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: they are to surrender before the learned Court within three weeks and, in the event of surrender/arrest, be released on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bokaro, in connection with Chira Chas P.S. Case No.14 of 2025, subject to the conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending arrest in Chira Chas P.S. Case No.14 of 2025 for alleged offences under Sections 316(2), 318(4), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

Court's answer

The court considered that the FIR had been lodged for recovery of the said amount, in a situation where four cheques had been issued by Shubham Bharadwaj and the bank informed that there was insufficient amount in his account.

Ratio / Principle

The court observed that the petitioner chose to register an FIR instead of a complaint under Section 138 of the Negotiable Instruments Act, and that the petitioners are only related with Shubham Bharadwaj; in the attending facts and circumstances, the court was inclined to provide anticipatory bail to the petitioners.

Key takeaways

The petitioners were directed to surrender before the learned Court within three weeks from the date of the order.ratio¶22
On surrender/arrest, the petitioners shall be released on anticipatory bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bokaro, subject to the conditions laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶26

Detailed headnote1 paragraphs

Anticipatory Bail — granted. Divyendu Bhardwaj and Komal @ Komal Sharma, apprehending arrest in Chira Chas P.S. Case No.14 of 2025 (Sections 316(2), 318(4), 352, 351(2) and 3(5), Bharatiya Nyaya Sanhita, 2023) pending before the Chief Judicial Magistrate, Bokaro, were granted anticipatory bail. Counsel submitted that pursuant to an agreement between Shubham Bharadwaj and the informant, goods worth more than Rs.2 crores were supplied but payment was not made, four cheques issued by Shubham Bharadwaj were dishonoured for insufficiency of funds, and the informant chose to lodge an FIR instead of a complaint under Section 138 of the Negotiable Instruments Act; the petitioners were said to have been implicated only as brother and sister-in-law of Shubham Bharadwaj. Observing that the FIR appeared lodged for recovery of the amount and that the petitioners were only related with Shubham Bharadwaj, the court (Sanjay Kumar Dwivedi, J., 07.05.2026) directed surrender within three weeks and release on bail bonds of Rs.25,000/- each with two sureties of the like amount each, subject to Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

2026:JHHC:13732

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 2183 of 2026

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1. Divyendu Bhardwaj, aged about 41 years, son of Late Om Sharma

2. Komal @ Komal Sharma, aged about 31 years, wife of Divyendu Bhardwaj,

Both are resident of M-24, Sanjay Nagar, Sector-23, PO and PS – Sanjay Nagar, District – Ghazibad, State - UP

.... Petitioners

-- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners	:-	Mr. Gautam Kumar, Advocate
For the State	:-	Mrs. Malsi Pathak, Advocate
For the Informant	:-	Mr. Lukesh Kumar, Advocate
		----

02 /07.05.2026 Heard learned counsel appearing for the petitioners, learned

counsel appearing for the State and learned counsel appearing for the Informant.

2. The petitioners are apprehending their arrest in connection with Chira Chas P.S. Case No.14 of 2025, for the alleged offences registered under Sections 316(2), 318(4), 352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned Chief Judicial Magistrate, Bokaro.

3. Learned counsel appearing for the petitioners submits that there was agreement to supply certain articles between Shubham Bharadwaj and the informant. He further submits that allegations

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are made that supply has been made for more than Rs.2 crores and the payment was not made and for that the FIR has been lodged. He then submits that it is also alleged that Shubham Bharadwaj has issued four cheques and when the informant went to the bank, the bank found that there is insufficient fund and thereafter the FIR has been registered. He next submits that so far these petitioners are concerned they are only brother and sister-in-law of Shubham Bharadwaj and only because they are family member of Shubham Bharadwaj they have been implicated in this case.

4. Learned counsel appearing for the State and Informant jointly opposed the prayer and submits that intention to cheat from the very beginning is there and in view of that anticipatory bail may kindly be rejected.

5. Considering that for recovery of the said amount FIR has been lodged that too in a situation when four cheques were issued by one Shubham Bharadwaj and when it was informed by bank that there is insufficient amount in the account of Shubham Bharadwaj the petitioner has chosen to register FIR instead of complaint under Section 138 of Negotiable Instruments Act and further the petitioners are only related with Shubham Bharadwaj. In the attending facts and circumstances of this case, I am inclined to provide anticipatory bail to the petitioners.

6. Accordingly, the petitioners, above named, are hereby directed to surrender before the learned Court within three weeks

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from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bokaro in connection with Chira Chas P.S. Case No.14 of 2025, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sanjay Kumar Dwivedi, J.)

Dated 07.05.2026 Sangam/

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