Patna High Court

Prakash Mohan MishraversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that the offence as alleged is not made out and therefore confirmed the interim bail granted to the petitioner.

Summary

The petitioner, Prakash Mohan Mishra, was charged under Sections 406 and 420 of the Indian Penal Code for impersonating a CID Inspector and cheating informant Bipin Kumar of about Rs. 12 lakh by promising government jobs. He submitted a demand draft of Rs. 3 lakh to the informant and argued that no offence was made out, relying on the precedent of Kapil Kamboj v. State of Bihar. The court, referencing the Supreme Court’s decision in Deepak Kumar Shrivas v. State of Chhattisgarh, held that the alleged conduct did not constitute a cognizable offence. Consequently, the interim bail granted on 12‑05‑2025 was confirmed, and the petitioner was ordered to remain on the same bail bond. The application for bail confirmation was allowed.

Issues considered

Whether the alleged acts constitute offences under Sections 406 and 420 IPC
Whether the petitioner is entitled to bail pending trial
Whether the precedent cases cited negate the existence of an offence

Legislation cited

Indian Penal Code — s. 406, 420

Subjects

bail
cheating
fraud
impersonation
IPC 406
IPC 420
interim bail
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.18798 of 2025
                       Arising Out of PS. Case No.-157 Year-2024 Thana- AURAI District- Muzaffarpur
                  ======================================================
                  Prakash Mohan Mishra S/o- Madan Mohan Mishra Resident of Village-
                  Dharharwa, P.S.- Aurai, Dist- Muzaffarpur
                                                                     ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Ashok Kumar Jha, Advocate
                  For the State            :        Mr.Shyam Kumar Singh, APP
                  For the Informant        :        Mr.Pradip Sinha, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

10   11-03-2026                      Heard learned counsel for the petitioner, learned

                    counsel for the informant and learned Additional Public

                    Prosecutor for the State.

                                  2. The petitioner seeks bail in connection with Aurai

                    P.S. Case No. 157/2024 registered for the offences punishable

                    under Sections 406 and 420 of I.P.C.

                                  3. As per the prosecution case, accused Prakash

                    Mohan Mishra(petitioner) impersonated a CID Inspector and

                    fraudulently extracted money from informant Bipin Kumar and

                    his relatives on the pretext of providing government jobs at the

                    National Human Commission. In total, approximately Rs. 12

                    Lakh was collected from multiple victims, but neither jobs were

                    provided nor money refunded.

                                  4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.18798 of 2025(10) dt.11-03-2026
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          petitioner has handed over a demand draft of Rs. 3,00,000/- to

          the informant in the court below. Learned counsel further

          relying upon the judgment of this Court in the case of Kapil

          Kamboj vs. State of Bihar and Anr. in Cr. Misc. No. 15133/2023

          submits that no offence is made out in the facts of the case and

          the allegations of the case. It is lastly submitted that the

          petitioner has one criminal antecedent in which he is on bail

          and he is in custody since 14.12.2024. The petitioner undertakes

          to co-operate in the case/ trial.

                       5. From the allegations levelled against the petitioner

          in the FIR it appears that the informant has alleged that the

          petitioner has cheated the informant and others of Rs. 12 lakhs

          in the name of providing jobs. The petitioner was granted

          interim bail by this Court.

                       6. Considering the judgment of Hon’ble Supreme

          Court in the case of Deepak Kumar Shrivas and Anr. vs. State

          of Chattisgarh and Ors. reported in (2024) 3 SCC 601, I am of

          the view that the offence as alleged against the petitioner is not

          made out, therefore, the interim bail granted to the petitioner is

          hereby confirmed.

                       7. Accordingly, the interim bail granted to the

          petitioner vide order dated 12.05.2025 is hereby confirmed and
              Patna High Court CR. MISC. No.18798 of 2025(10) dt.11-03-2026
                                                          3/3




                        he will remain on the same bail bond as executed by him at the

                        time of provisional bail.

                                     8. This application is allowed.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T

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