Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Avinash Kumar, sought bail in a criminal case (PS Case No.1014 of 2025) alleging offences under Sections 406 and 420 of the Indian Penal Code. The prosecution alleged that the informant supplied articles worth Rs.48,50,996 and the petitioner had paid only Rs.13,70,083, with interest raising the amount to Rs.80,55,437. The petitioner contended that the matter was a civil dispute over payment, that he was falsely implicated, and that no amount was due. The State and the informant opposed bail, though the informant indicated willingness to mediate if a deposit was made. After hearing both sides, the Court found the circumstances indicative of a civil dispute and granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged criminal breach of trust and cheating.
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- bail
- criminal breach of trust
- cheating
- IPC
- civil dispute
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1385 of 2026
Arising Out of PS. Case No.-1014 Year-2025 Thana- DANAPUR District- Patna
======================================================
Avinash Kumar, S/o Suresh Prsasad @ Suresh Prasad Jaiswal, R/O - Magadh
Colony, Kurji Sadakat Ashram, P.S- Digha, Dist- Patna
... ... Petitioner/s
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s :
Mr. Navin Kumar, Advocate
For the Informant :
Mr. Apurv Harsh, Advocate
Mr. Manu Tripathi, Advocate
Mr. Raghu Raj Pratap, Advocate
For the State : Mr. Ashok Kumar Singh, APP
=================================================== ===
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection with
Danapur P.S. Case No.1014 of 2025 registered for the offence
punishable under Sections 406 and 420 of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
informant has supplied articles to the petitioner worth Rs. 48,
50,996/- whereas the petitioner had paid only Rs. 13,70,083/-. As
per the case of the prosecution, the total amount with interest is
now to the tune of Rs.80,55, 437/-.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. From perusal
of the F.I.R. itself it is clear that there is dispute between the
parties regarding payment of the articles. The petitioner denies the
Patna High Court CR. MISC. No.1385 of 2026(2) dt.29-01-2026
2/2
allegations and according to him, nothing is due with him. The
F.I.R. itself goes to show that it is a civil dispute between the
parties. However, this case has been filed to pressurize the
petitioner to pay the dues which are not paid according to the
informant. Petitioner is languishing in judicial custody since
18.11.2025.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail. Learned counsel for the informant has
submitted that he is ready to mediate the case if the petitioner is
directed to deposit some amount.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.-I,
Danapur, District-Patna in connection with Danapur P.S. Case No.
1014 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…