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Patna High Court

Shashikant Mishra @ Shashi Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that anticipatory bail may be granted under Section 482(2) of the BNSS in a cheating case, subject to prescribed conditions.

Summary

The petitioners, Shashikant Mishra and Akhilesh Kumar Mishra, sought anticipatory bail in a cheating case (Section 420 IPC) filed by Sunil Kumar Tiwari. They claimed innocence, argued the matter was a civil dispute, and offered to return Rs. 60,000 to the complainant without admitting guilt. The State opposed the bail. Relying on the Supreme Court’s decision in Murarli Lal Gupta v. Gopi Singh and the provisions of Section 482(2) of the BNSS, the court granted anticipatory bail with conditions, including a bail bond of Rs.10,000 each and the production of a Rs.60,000 demand draft in favor of the complainant. The bail bonds are to be accepted by the lower court, after which the demand draft will be released to the complainant.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged cheating under Section 420 IPC
  • Whether Section 482(2) of the BNSS empowers the High Court to grant anticipatory bail
  • Whether the dispute is civil in nature, affecting bail considerations
  • What conditions may be imposed while granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 420 IPC
  • cheating
  • civil dispute
  • Section 482
  • BNSS
  • Supreme Court precedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15833 of 2025
                  Arising Out of PS. Case No.-2165 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
                                                 District- West Champaran
                 ======================================================
           1.     Shashikant Mishra @ Shashi Ranjan Kumar S/o Late Mahendra Mishra
                  Resident of Vill- Krishna Nagar Sant Kabir Road, Banuchhapar, P.S.-
                  Banuchhapar, Dist- West Champaran
           2.    Akhilesh Kumar Mishra @ Akhilesh Kumar S/o Late Mahendra Mishra
                 Resident of Vill- Krishna Nagar Sant Kabir Road, Banuchhapar, P.S.-
                 Banuchhapar, Dist- West Champaran

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Sunil Kumar Tiwari S/o Late Ramakant Tiwari R/o vill - Banuchhapar,
                 Gayatri Colony, P.S.- Banuchhapar, Distt.- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sanjeev Kumar
                 For the Opposite Party/s :    Ms. Rita Verma
                                               Mr. Jharkhandi Upadhyay.
                 For the O.P. No. 2       :    Mr. Ajeet Kumar Bhardwaj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Complaint Case No. 2165C of 2023 for offences under Section

                   420 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   accused of cheating the complainant.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.15833 of 2025(5) dt.19-02-2026
                                            2/3




          offence. He further submits that this is a case of a civil dispute.

          He also submits that the petitioner, without admitting his guilt

          and without prejudice, is ready to return Rs. 60,000/- to the

          complainant.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. Considering the facts and circumstances of the case

          and the law laid down by the Hon’ble Supreme Court in the case

          of Murarli Lal Gupta Vs Gopi Singh, (2005) 13 SCC 699, this

          application for anticipatory bail stands allowed.

                       7. Accordingly, let the petitioners, above-named, in

          the event of their arrest or surrender within four weeks from

          today in the Court below, be released on bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          Judicial       Magistrate,        1st     Class,     West   Champaran,

          Bettiah/concerned court below in connection with Complaint

          Case No. 2165C of 2023 subject to the conditions as laid down

          under Section 482(2) of the BNSS and with further condition

          that:-

                                       At the time of furnishing bail bonds, the
                          petitioner shall produce a demand draft of Rs.
                          60,000/- in the name of the complainant before the
            Patna High Court CR. MISC. No.15833 of 2025(5) dt.19-02-2026
                                                        3/3




                                      Court below, and thereafter, the bail bonds of the
                                      petitioner shall be accepted. The Court shall
                                      release the demand draft in favor of the
                                      complainant after the acceptance of the bail bonds
                                      of the petitioner.



                                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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