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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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