Patna High Court
Shekhar Paswan @ Sekhar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Shekhar Paswan, was implicated in a criminal complaint (No.753(c) of 2022) alleging cheating and criminal breach of trust under Sections 420 and 406 of the IPC for failing to repay a Rs.60,000 loan. He contended that his thumb impression was taken on a blank sheet during an Indra Awas scheme application and later misused to fabricate liability, and that he had already paid Rs.20,000 under duress while the complainant demanded an additional Rs.35,000. The petitioner sought anticipatory bail, asserting a clean antecedent and that the dispute was essentially civil in nature. The State, represented by the Additional Public Prosecutor, opposed the bail application. Considering the petitioner’s clean record and the civil character of the underlying dispute, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including surety requirements and compliance directives.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged cheating and criminal breach of trust.
- Whether the dispute arising from the Indra Awas scheme is civil in nature and thus warrants bail.
- Whether the petitioner’s clean antecedent and alleged misuse of thumb impression justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- IPC 420
- IPC 406
- thumb impression misuse
- Indra Awas scheme
- clean antecedent
- bail conditions
- civil dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15557 of 2026
Arising Out of PS. Case No.-753 Year-2022 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Shekhar Paswan @ Sekhar Paswan S/o- Dinesh Paswan Village- Atnama, PS-
Barh, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Chintan Kumar R/v- Atnama Ps- Barh Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandhya Kumari, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Cr. Complaint Case No.753(c) of 2022,
registered for the offences punishable under Sections 420 and
406 of the Indian Penal Code.
3. According to prosecution case, on 27.11.2019 the
petitioner borrowed Rs.60,000 from him for his wife’s medical
treatment and gave a written promise to repay the amount soon.
However, despite repeated requests and a legal notice, the
Patna High Court CR. MISC. No.15557 of 2026(2) dt.12-03-2026
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petitioner has failed to return the money.
4. Learned counsel for the petitioner submits that the
petitioner’s family had applied for Indra Awas Scheme, and at
that time, the complainant and his associates had taken the
petitioner’s thumb impression on blank sheet, which has been
mis-utilized by the complainant / O. P. No.2 to falsely
implicated this petitioner in the instant case and for demanding
money as commission. It has next been submitted that forcibly
the O.P. No.2 is said to have already taken Rs.20,000/- from the
petitioner and is illegally again demanding Rs.35,000/-. It has
next been submitted that the document, on the basis of which
the alleged liability has been fastened upon the petitioner,
forming part of the complaint, clearly indicates misuse of the
petitioner’s thumb impression by the complainant. Lastly, it has
been submitted that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that it is purely a dispute related with the Indra Awas scheme,
which can be adjudicated in a different forum and the petitioner
has clean antecedent. Accordingly, this Court is inclined to grant
the privilege of anticipatory bail to the petitioner.
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7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate First Class, Barh,
Patna, in connection with Cr. Complaint Case No.753(c) of
2022, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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