Patna High Court
Sudhanshu Kumar Sinha @ SudhanshuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Sudhanshu Kumar Sinha, was charged with offences under Sections 341, 323, 448, 420, 379, 354 and 406 of the Indian Penal Code for allegedly cheating an informant by promising a private job, demanding money for a fictitious cancer treatment, and misappropriating funds amounting to Rs. 20,15,793. He applied for anticipatory bail, claiming innocence, a clean antecedent, and that the complaint was a ploy to avoid repayment of a loan. The State opposed the bail, presenting specific accusations that the petitioner cheated the informant of Rs. 2,15,000 and supporting documentary evidence. The Court examined the nature of the allegations and the material on record. Considering the seriousness of the charges and the evidence, the Court refused the petitioner's anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged cheating and fraud offences.
- Whether the material evidence presented by the State justifies denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 379, 406, 420, 448
Subjects
- anticipatory bail
- cheating
- fraud
- Indian Penal Code
- bail refusal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10597 of 2025
Arising Out of PS. Case No.-241 Year-2024 Thana- TILAUTHU District- Rohtas
======================================================
Sudhanshu Kumar Sinha @ Sudhanshu Son of Sampat Kumar Sinha Resident
of Mohalla -Santoshi Maa Path Gaurakshni PO -and PS -Sasaram District
-Rohtas P/A- Residing at B-68, pandav nagar, D. Park, Ps- Mandawali, east
Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhouri Vipin Bihari Shrivastava, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 08-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the
offences punishable under Sections 341, 323, 448, 420, 379, 354,
406/34 of the Indian Penal Code.
3. Informant, namely, Shakuntala Devi alleged that her
daughter Sanskriti was staying in Sasaram for studies where her
classmate i.e. this petitioner and his cousin Aprajita assured her of
a private job in Delhi. After she started working, this petitioner
claimed that her cousin had cancer and demanded Rs. 10 lacs for
her treatment and later, convinced informant to deposit money into
Sanskriti’s account promising investment return but instead
withdrew Rs. 2,15,000/- using an OTP and misappropriated total
amount of Rs. 20.15,793/- including cash.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter of
Patna High Court CR. MISC. No.10597 of 2025(6) dt.08-01-2026
2/2
fact, this petitioner and the daughter of informant are friends and
she had taken Rs. 12,35,000/- on different times in different
accounts from the petitioner and when he demanded his money
back, she herself transferred Rs. 2,25,000/- out of Rs. 12,35,000/-
in the account of this petitioner. When petitioner again demanded
the remaining amount, she gave cheque worth Rs. 10 lacs bearing
Cheque No. 000002 dated 17.07.2024 which got bounced and
thus, petitioner sent her legal notice on 8.8.2024. Petitioner has
falsely been implicated in this case with a view to avoid repayment
of the remaining amount. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the
bail application and submitted that there is specific accusation that
this petitioner cheated informant of Rs. 2,15,000/- and in support
of the same, he has also placed some documentary evidence.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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