Patna High Court
Ritesh Kumar BajpayeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Ritesh Kumar Bajpayee and Lav Kumar Mandal, were accused in a complaint under Sections 406 and 420 of the IPC for allegedly cheating a LPG supplier by taking cylinders worth Rs.2,69,064 and issuing a dishonoured cheque. They contended that the dispute was civil, that they had already paid Rs.1,50,000 and were ready to pay the remaining Rs.64,955, and that they had clean antecedents. The State opposed their request for anticipatory bail. The High Court, considering the nature of the accusation, the petitioners’ undertaking to pay the balance, and their clean record, granted anticipatory bail subject to a bail‑bond of Rs.10,000 each, two sureties, and a condition to deposit the outstanding amount. The order was made without delving into the merits of the case, solely to facilitate bail. The bail may be cancelled if the petitioners fail to comply with the conditions.
Issues considered
- Whether anticipatory bail should be granted in a complaint case involving alleged cheating and criminal breach of trust under Sections 406 and 420 IPC.
- Whether the dispute is purely civil and does not attract criminal liability.
- Whether the conditions imposed for bail are appropriate and sufficient.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- cheating
- criminal breach of trust
- civil dispute
- bail conditions
- IPC
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26299 of 2026
Arising Out of PS. Case No.-505 Year-2023 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
1. Ritesh Kumar Bajpayee S/O Ratan Bajpayee R/O Flat no.- 207, Premkunj
Apartment Block - B, Road no.-10, P.S.- Indrapuri, P.O.- Keshari Nagar,
Patna, Bihar-800024.
2. Lav Kumar Mandal S/O Basudev Mandal Simatand Basti, Near ACC Sindri,
ACC Sindri, P.O and P.S- Sindri, Dhanbad, Jharkhand- 828122.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kishore Kumar R/O Village- Bathnaha, P.O and P.S- Alauli, Distt.- Khagaria
( 848203).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Shubhankar Raj, Advocate
Mr. Amartya Raj, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-06-2026 Heard Mr. Shubhankar Raj, learned counsel appearing
on behalf of the petitioners and Mr. Umeshanand Pandit, learned
APP appearing on behalf of the State.
2. Despite valid service of notice, no one appears on
behalf of the complainant/Opposite Party No. 2.
3. The petitioners apprehend their arrest in a
complaint case registered for the offence punishable under
Sections 406 and 420 of the Indian Penal Code.
4. As per prosecution case, Petitioner No. 1, who is
owner of a college mess and Petitioner No. 2, who is manager of
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the said mess, induced the complainant to supply LPG cylinders
on credit on assurance of monthly payment, however, after
taking supply of cylinders worth Rs. 2,69,064/-, the petitioners
issued a cheque of Rs. 50,000/- which got dishonored and thus,
the petitioners cheated the complainant and caused monetary
loss.
5. It is submitted by learned counsel for the petitioners
that the petitioners are quite innocent and have committed no
offence. As a matter of fact, the actual dues is of Rs. 2,14,955/-
and out of the same, petitioners have already paid Rs. 50,000/-
on 31.03.2023 and Rs. 50,000/- on 15.04.2023 thorough
Phonepe to Mobile No. 9570881094, registered in the name of
complainant/Opposite Party No. 2 and further, Rs. 50,000/- was
paid through cash on 20.04.2023. It is further submitted that
dispute is purely civil in nature and none of the acts, allegedly
committed by these petitioners, would give rise to any criminal
liability. However, it is submitted that at this stage, without
admitting their guilt, petitioners are ready to deposit the actual
outstanding amount, amounting to Rs. 64,955/-. Petitioners
claim clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
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petitioners.
7. Considering the facts and circumstances of the
case, nature of accusation, aforesaid undertaking of the
petitioners and clean antecedents, the prayer for grant of
anticipatory bail to the petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned J.M. Ist Class,
Khagaria in connection with Complaint Case No. 505C of 2023,
subject to condition as laid down under Section 482(2) of the
B.N.S.S., along with the following terms and conditions:
“A. At the time of furnishing bail-bond, Rs.
64,955/- (Sixty-four thousand nine hundred
and fifty five rupees), shall be deposited
through demand draft in the Nazarat of the
Civil Court, Khagaria.
B. The aforesaid payment shall be subject to the
final outcome of the case.
C. If petitioners fail to comply the aforesaid
direction of this Court, the learned Trial Court
is free to cancel the bail-bond of the
petitioners.”
9. It is made clear that without going into the merit of
the case, the aforesaid order has been passed only for the
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purpose of grant of bail.
(Prabhat Kumar Singh, J)
shashank/-
U T
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