Mukesh Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

Mukesh Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional interim protection from coercive action: petitioner to appear before the learned District Court on 19.10.2025 sharp at 10:30 a.m.; matter referred to the District Mediation Center; Mediator to submit amicable-settlement report well within two months, till then no coercive action against the petitioner; protection lapses automatically on failure to appear, whereafter the learned District Court proceeds in accordance with Section 359 of BNSS.

Issue for consideration

Whether the petitioner should be granted pre-arrest bail in connection with Complaint Case No. 685(C)/2018 (offences under Sections 406 IPC and Section 138 NI Act). +1 more

Court's answer

Conditional interim protection ordered: petitioner directed to appear before the learned District Court on 19.10.2025 sharp at 10:30 a.m.; matter to be referred to the learned mediator of the District Mediation Center, who is to strive for amicable settlement and submit a report well within two months, till then no coercive action shall be taken against the petitioner; upon failure to appear on 19.10.2025 or any date fixed by the Mediator, the interim protection automatically loses its force and the learned District Court will proceed to pass order in accordance with Section 359 of BNSS.

Ratio / Principle

Considering the nature of the allegations made in the FIR, the Court found that the matter can be resolved outside the Court by way of mediation.

Key takeaways

On the above terms (mediation referral with conditional interim protection rather than outright grant or refusal of pre-arrest bail), the present bail application stands disposed of.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J), order dated 04-09-2025, disposed of a pre-arrest bail application (Criminal Miscellaneous No. 14522 of 2025) arising out of Complaint Case No. 685(C)/2018, PS Case No. 685 of 2018, Thana Khagaria, District Khagaria, registered for offences punishable under Sections 406 of the Indian Penal Code and Section 138 of NI Act. Finding from the nature of the allegations that the matter could be resolved outside the Court by way of mediation, the Court directed the petitioner to appear before the learned District Court on 19.10.2025 sharp at 10:30 a.m., referred the dispute to the learned mediator of the District Mediation Center, and directed the Mediator to make best efforts at amicable settlement and submit a report well within two months, till when no coercive action was to be taken against the petitioner. The interim protection lapses automatically if the petitioner fails to appear on 19.10.2025 or any date fixed by the Mediator, whereafter the learned District Court is to pass orders in accordance with Section 359 of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14522 of 2025

Arising Out of PS. Case No.-685 Year-2018 Thana- KHAGARIA COMPALINT CASE District- Khagaria

======================================================

Mukesh Kumar Son of Late Laxmi Narayan Poddar Resident of VillageStation Road bakhari Bazar, P.S.- Bakhari, District- Begusarai. at present Residing Mukesh Kumar Proprietor M.S. Ganpati Enterprises resident Rajaura P.S- Begusarai Dist- Begusarai, resident Laxmi Niwas J.E 78 Vastu Vihar Colony Panchbha Begusarai, P.S.- Singhaul, Dist.- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

Ranjeet Kumar Son of Rajendra Prasad R/O Malgodam Road Mesars Trading, P.S.- Khagaria, District- Khagaria

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Satish Chandra, Advocate For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP For O.P. No.2 : Mr.Shivendra Kumar Sinha, Advocate Mr. Ranjeet Patel, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 04-09-2025

Heard learned counsel appearing on behalf of the petitioner, learned APP for the State and learned counsel for O.P. No.2.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 685(C)/2018 registered for the offence(s) punishable under Sections 406 of the Indian Penal Code and Section 138 of NI Act.

Considering the nature of allegation made in the FIR, I find that the matter can be resolved outside the Court by way of mediation.

Patna High Court CR. MISC. No.14522 of 2025(3) dt.04-09-2025 2/2

The petitioner is directed to appear before the learned District Court on 19.10.2025 sharp at 10:30 a.m.

Learned District Court is directed to take necessary action to refer the matter before the learned mediator of the District Mediation Center.

Learned Mediator of the District Mediation Center concerned shall make his/her best efforts to settle the dispute amicably and thereafter submit his/her report before the concerned learned District Court, well within a period of two months, till then, no coercive action shall be taken against the petitioner in connection with the aforesaid case.

In case of failure on the part of the petitioner to appear on 19.10.2025 before the learned District Court or any date fixed by the learned Mediator, the interim protection granted to the petitioner shall automatically lose its force and the learned District Court will proceed to pass order in accordance with Section 359 of BNSS.

Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J)