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Patna High Court

Ritesh Kumar BajpayeeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.26299 of 2026(3) dt.30-06-2026
                                            2/4




          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
Patna High Court CR. MISC. No.26299 of 2026(3) dt.30-06-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.26299 of 2026(3) dt.30-06-2026
                                                         4/4




                       purpose of grant of bail.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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