Patna High Court
Sunil Kumar Ray @ Sunil SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted to the petitioner subject to the conditions imposed under Section 482(2) of the CrPC.
Summary
The petitioner, Sunil Kumar Ray, sought anticipatory bail fearing arrest in a case registered under Sections 406, 420 and 34 of the Indian Penal Code. He alleged that the informant, who claimed the petitioner promised a back‑door government job through his son, the District Magistrate, had paid Rs. 4,11,000 but was not provided the job, leading to a cheating allegation. The petitioner contended that the complaint was false and that no offence was made out as the grievance pertained only to a broken promise, not a criminal act. The informant’s counsel indicated no intention to oppose the anticipatory bail application. After hearing both sides, the Court granted anticipatory bail on the condition of a bail bond of Rs. 10,000 with two sureties, subject to the inherent powers under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the allegations under Sections 406, 420 and 34 IPC constitute a cognizable offence warranting arrest.
- Whether the petitioner is entitled to anticipatory bail under Section 482 of the CrPC.
- Whether the informant’s claim of a broken promise amounts to a criminal offence or a civil dispute.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- cheating
- IPC sections 406, 420, 34
- Section 482 CrPC
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18403 of 2026
Arising Out of PS. Case No.-85 Year-2024 Thana- NATWAR District- Rohtas
======================================================
Sunil Kumar Ray @ Sunil Singh Son of Late Jagdish Rai @ Late Jagdeesh
Ray Resident of Village- East behlari, Ps- Natwar, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar
For the Opposite Party/s : Mr.Madan Kumar, APP
Mr. Shubham Kumar, Adv
Mr. Maya Shankar Mishra, Adv
Mr. Nagendra Upadhyay, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner, learned A.P.P.
for the State and the learned counsel appearing on behalf of the
informant.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 406, 420 and 34 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and the informant alleges that
petitioner was known to him through his relative Saroj, further
petitioner disclosed that his son is District Magistrate and he could
secure a government job for the informant, accordingly the amount
decided was Rs. 6 lakh and the informant paid an amount of Rs.
4,11,000/-, but then petitioner despite receiving the money did not
Patna High Court CR. MISC. No.18403 of 2026(2) dt.01-04-2026
2/2
provide job, thus informant alleges that petitioner cheated him.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from bare perusal of the
allegation as alleged in the FIR, it would manifest that no offence
against the petitioner is made out for the reason that informant is
alleging that petitioner did not fulfill his promise of getting a
backdoor appointment for the informant.
5. At this stage, learned counsel appearing on behalf of
the informant submits that he has instruction not to oppose the
anticipatory bail application of the petitioner.
6. After hearing the learned counsel for the parties, the
petitioner above-named, in the event of his arrest or surrender within
a period of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in connection
with Natwar P.S. Case No. 85 of 2024, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…