Patna High Court
Vivekanand Singh @ Vivekanand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioners with conditions under Section 438 CrPC.
Summary
The petitioners, three brothers, sought anticipatory bail fearing arrest in a 2021 case alleging criminal breach of trust, cheating and conspiracy under IPC sections 406, 419, 420 and 34. The prosecution claimed they misappropriated money from an informant and failed to execute a sale deed, while the petitioners contended they were falsely implicated by a cousin over a land dispute and that no agreement existed. They argued the only evidence was a single entry of Rs.86,000 and highlighted their clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to stringent conditions under Section 438 of the CrPC and Section 482 of the B.N.S.S. Act, directing the petitioners to furnish bail bonds and comply with attendance requirements. The order disposed of the application, stating that any observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the alleged offences under IPC sections 406, 419, 420 and 34.
Legislation cited
- B.N.S.S. Act — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 34, 406, 419, 420
Subjects
- anticipatory bail
- Criminal breach of trust
- Cheating
- IPC
- CrPC
- bail conditions
- false implication
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2545 of 2026
Arising Out of PS. Case No.-189 Year-2021 Thana- PIRI BAZAR District- Lakhisarai
======================================================
1. Vivekanand Singh @ Vivekanand Kumar S/O Late Kusheshwar Singh R/O
Village- Shobhni, P.S- Surajgarha, Distt.- Lakhisarai.
2. Manohar Kumar @ Sachidanand Kumar S/o Late Kusheshwar Singh R/O
Village- Shobhni, P.S- Surajgarha, Distt.- Lakhisarai.
3. Vinod Kumar Singh S/O Late Kusheshwar Singh R/O Village- Shobhni, P.S-
Surajgarha, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Piri Bazar P.S. Case No. 189 of 2021 registered for the
offences under Sections 406, 419, 420, 34 of the I.P.C.
3. The prosecution case is to the effect that the
petitioners misappropriated the amount of the informant and
neither returned the same nor executed the sale deed in favour
of the informant and when the informant demanded his money
back, he was abused.
4. Learned counsel for the petitioners submits that the
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petitioners are retired persons and they have falsely been
implicated in the present case at the behest of their cousin,
namely, Gopal Kumar in order to settle personal scores as they
have received the land from their maternal grandfather. It has
further been submitted that no agreement was ever entered into
with the informant and the payment is said to have been made
through the purchaser, namely, Rajiv Ranjan @ Barun Kumar
and the same has been shown only in order to falsely implicate
the petitioners. It is further submitted that only one entry of a
sum of Rs. 86,000/- has been shown to have been made on
behalf of the informant of the present case. It has lastly been
submitted that the petitioners carry clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Piri Bazar P.S. Case
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No. 189 of 2021 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedents, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
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not be delayed for purpose of or in the name of
verification.
7. Accordingly, the present application stands
disposed of.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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