Patna High Court
Shashikant Mishra @ Shashi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 420
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
Checking your session…