Patna High Court

Anil Kumar @ Anil Kumar SinhaversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

The anticipatory bail application was denied.

Summary

The petitioner, Anil Kumar, filed an anticipatory bail application fearing arrest in a cheating and criminal breach of trust case (IPC §§ 420, 406) filed by Nirmala Pandey. The prosecution alleged that Kumar, as Director of "AGRANI", defrauded the complainant of Rs. 10.15 lakh out of a total payment of Rs. 43.65 lakh. The petitioner contended he was only an associate manager and not a director. The State highlighted his prior convictions in similar cases, labeling him a habitual offender. Considering the seriousness of the allegations and his criminal antecedents, the Court rejected the anticipatory bail, directing the petitioner to surrender within four weeks and seek regular bail thereafter.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite allegations of cheating and criminal breach of trust.
Whether the petitioner’s prior criminal record under similar offences warrants denial of anticipatory bail.

Legislation cited

Indian Penal Code — s. 406, 420

Subjects

anticipatory bail
cheating
criminal breach of trust
IPC 420
IPC 406
prior criminal record
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26636 of 2025
                     Arising Out of PS. Case No.-1137 Year-2022 Thana- KANKARBAG District- Patna
                 ======================================================
                 Anil Kumar @ Anil Kumar Sinha S/O N. K. Sinha R/O House No. 01, Ward
                 No.-10 Sarari, P.S.- Sahpur, Dist- Patna
                                                                     ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Nirmala Pandey W/O Shivaji Pandey R/O Rental F. No. 279, Kankarbagh
                  Colony, Patna. A/P- H. NO.-228, Ganga Niketan Behind Bina Hosp. Dewas,
                  M.P.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

9   24-04-2026                    Heard Ms. Eashita Raj, learned counsel for the petitioner

                   and Mrs. Anita Kumari, learned A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in connection

                   with Kankarbagh P.S. Case No. 1132 of 2022 for the offence under

                   sections 420 and 406 of the I.P.C lodged on 29.11.2022 by the

                   informant, Nirmala Pandey.

                                3. As per the prosecution story, the informant alleged that

                   she booked a flat in Agrani Nagar, Phase-5, Patna and accordingly

                   payments were made and this petitioner serving as the Director of the

                   ‘AGRANI’along with Alok Kumar assured possession or refund

                   within 48 months. However, nothing came out, she demanded refund

                   but they refused to do so. The allegation is that out of Rs.43,65,000/-

                   (Forty Three        Lakh    and    Sixty    Five Thousand),         she    paid

                   Rs.10,15,000/-(Ten Lakh and Fifteen Thousand) and feeling cheated,

                   the case.
             Patna High Court CR. MISC. No.26636 of 2025(9) dt.24-04-2026
                                                         2/2




                                    4. Learned counsel for the petitioner submits that contrary

                       to the allegation made in the F.I.R, he is not a Director of ‘AGRANI’

                       and was merely serving as an Associate Manager to the CDM, Alok

                       Kumar.

                                    5. Mr. Jitendra Kumar Singh, learned A.P.P opposes the

                       prayer submitting that not only he is the Director of ‘Agrani House

                       Private Limited’, para 3 of the petition clearly shows that he has

                       committed fraud with other persons too as a result whereof, two

                       cases viz. (i) Patliputra P.S. Case No. 831 of 2022 lodged under

                       sections 420 and 406 of the I.P.C. and (ii) Patliputra P.S. Case No.

                       831 of 2022 again lodged under sections 406, 420 of the I.P.C are

                       there under his belt. In short, he is a habitual offender.

                                    6. Considering the allegation that has come against the

                       petitioner coupled with the fact that he has two criminal antecedents

                       of the same nature, in that background, it would be appropriate that

                       the petitioner seeks bail.

                                    7. The anticipatory bail application stands rejected.

                                    8. However, if the petitioner surrenders in four weeks and

                       prays for bail, that it be taken up and disposed of preferably on the

                       same date.



                                                      (Rajiv Roy, J)
vashudha/-

U      T

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