Patna High Court
ANIL KUMAR GUPTA @ ANIL KUMAR @ ANIL PRASAD SINHAversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied.
Summary
The petitioners, Anil Kumar Gupta and Deepak Kumar, were charged in a case registered as PS Case No.115 of 2023 for cheating the informant of about Rs 19 lakhs through a fraudulent land sale, alleged offences under Sections 406 and 420 of the Indian Penal Code. They applied for bail before the Patna High Court, also raising a grievance about a 14‑month delay in case listing, for which the court accepted an unconditional apology from the dealing assistant. After reviewing the prosecution’s case and the seriousness of the alleged offences, the bench declined to grant bail. The court directed the trial court to expedite the trial and the informant’s counsel to produce witnesses promptly. The order was limited to the bail application and did not prejudice the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a cheating case involving alleged criminal breach of trust and cheating of Rs 19 lakhs under IPC Sections 406 and 420
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- bail
- criminal breach of trust
- cheating
- IPC 406
- IPC 420
- high court
- case listing delay
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61720 of 2023
Arising Out of PS. Case No.-115 Year-2023 Thana- MITHANPURA District- Muzaffarpur
======================================================
ANIL KUMAR GUPTA @ ANIL KUMAR @ ANIL PRASAD SINHA son of
Late Kedar Prasad Gupta @ Late Kedar Gupta Mohalla- Rambag Mai Asthan
Sundarbagh Po- Ramra Mithanpura Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20472 of 2024
Arising Out of PS. Case No.-115 Year-2023 Thana- MITHANPURA District- Muzaffarpur
======================================================
Deepak Kumar S/o Late Garibnath Raut R/o Mohalla - Chhoti Kalyani
Chowk, Mai Asthan, P.S. - Town, Dist. - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 61720 of 2023)
For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate
For the State : Mr.Mithlesh Kumar Khare, APP
For the Informant : Mr. Nachiketa Jha, Advocate
(In CRIMINAL MISCELLANEOUS No. 20472 of 2024)
For the Petitioner/s : Mr.Shailendra Kumar Verma, Advocate
For the State : Ms.Nirmala Kumari, APP
For the Informant : Mr. Nachiketa Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
13 30-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant in both the
cases.
2. A co-ordinate Bench vide order dated 16.12.2025
had directed the learned Registrar General to initiate an enquiry
Patna High Court CR. MISC. No.61720 of 2023(13) dt.30-03-2026
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regarding non listing of the present cases for about 14 months.
The report is received from the learned Registrar General.
3. Considering the report of the learned Registrar
General, who has found the concerned Dealing Assistant Mr.
Mukesh Kumar, ASO, responsible for the delayed listing of the
case. The concerned Dealing Assistant, Mr. Mukesh Kumar,
ASO was called for in the Court and he has tendered his
unconditional apology.
4. The unconditional apology given by Mr. Mukesh
Kumar, ASO, is accepted.
5. The petitioners in both the cases seeks bail in
connection with Mithanpura P.S. Case No. 115 of 2023
registered for the offence punishable under Sections 406 and
420 of the Indian Penal Code.
6. As per the prosecution case, the petitioners are
accused of cheating approx Rs. 19 lakhs on account of sale of
the land.
7. Both the petitioners have conspired together and
cheated the informant of approx Rs. 19 lakhs.
8. Considering the aforesaid facts, I am not inclined
to grant bail to the petitioners.
9. Accordingly, these applications stand dismissed.
Patna High Court CR. MISC. No.61720 of 2023(13) dt.30-03-2026
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10. The Court below is directed to expedite the trial.
11. Mr. Jha, learned counsel appearing for the
informant has undertaken to produce the witnesses so that the
trial is not delayed.
12. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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