Patna High Court

Shatrujeet KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Shatrujeet Kumar, was named in an FIR for alleged cheating of Rs.1,62,000 under IPC sections 323, 406, 420 and 34. The complainant claimed the petitioner failed to provide a promised dealership, but the petitioner’s counsel argued the matter was essentially civil and had been settled with M/s. Shanti Traders, presenting an attested annexure. The Additional Public Prosecutor opposed bail. Considering the settlement and the petitioner’s clean antecedent, the court directed that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

Whether bail should be granted to the petitioner given the alleged cheating charges and the claim of settlement of the dispute.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Indian Penal Code — s. 323, 34, 406, 420

Subjects

bail
civil settlement
cheating
IPC
CrPC
BNSS
West Champaran
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18881 of 2024
                     Arising Out of PS. Case No.-760 Year-2014 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Shatrujeet Kumar, S/o Late Rabi Bhushan Prasad Sinha, R/o Village-
                 Indrapuri, Mithanpura Chowk, P.S. - Mithanpura, Dist. - Muzafarpur
                                                                             ... ... Petitioner
                                                   Versus

           1.    The State of Bihar
           2.    Chandrabhushan Prasad Srivastava, S/o Anjani Prasad Srivastava, R/o Lav-
                 Kush Nagar, P.S.-Danapur, District-Patna. At present R/o Ward No. 5,
                 Indrapuri Colony, P.S. - Bettiah Town, Dist. - West Champaran at Bettiah

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pritish Kumar Lal, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   28-01-2026                  Heard learned counsel for the petitioner and learned

                    Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                    apprehending his arrest in connection with Bettiah Nagar P.S.

                    Case No.760 of 2014 registered under Sections 323, 406

                    and 420 read with 34 of the Indian Penal Code, which was

                    lodged on the basis of Complaint Case No.2391(C) of 2014

                    filed before learned Chief Judicial Magistrate, Bettiah, West

                    Champaran.

                                3. Complainant alleged petitioner to cheat, as even

                    after receiving of Rs.1,62,000/-, no dealership as assured
Patna High Court CR. MISC. No.18881 of 2024(6) dt.28-01-2026
                                            2/3




          was given to him.

                       4. It is submitted by learned counsel appearing for

          petitioner that primarily dispute appears civil in nature. In

          this context, it is further submitted that matter now appears

          compromised after settlement of account of complainant with

          M/s. Shanti Traders. In support of this submission, learned

          counsel has drawn attention of this Court towards Annexure-

          2 (typed copy), which is duly attested by Advocate-on-

          Record. It is submitted that petitioner is a man of clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as in view of Annexure-2, the matter

          appears settled by complainant/O.P. No.2, accordingly, the

          petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Chief Judicial Magistrate, West Champaran at Bettiah
           Patna High Court CR. MISC. No.18881 of 2024(6) dt.28-01-2026
                                                       3/3




                     in connection with Bettiah Nagar P.S. Case No.760 of 2014,

                     subject to the conditions as laid down under Section 438(2) of

                     the Code of Criminal Procedure (in short ‘CrPC’)/under

                     Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita,

                     2023 (in short ‘BNSS’).


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

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