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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the dispute is civil in nature, already compromised, and therefore granted bail to the petitioner.

Summary

Avinash Kumar, director of Hopcon Infra Projects Pvt Ltd and partner of Hopcon Infra Projects Ltd, was charged under Sections 420, 467, 468 and 471 of the Indian Penal Code for allegedly cheating his landlord by using forged documents to create a tenancy dispute. The petitioner contended that the matter was essentially a civil dispute over rent, that the misunderstanding had been resolved and the parties had compromised. The informant, represented by counsel, did not dispute the existence of a compromise. The court examined the nature of the dispute and, noting that it was civil and already settled, concluded that criminal prosecution was unwarranted. Accordingly, the court ordered the petitioner to be released on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482(2) of the CrPC. The bail order was directed to be implemented by the trial court.

Issues considered

  • Whether the alleged cheating and forgery constitute a criminal offence warranting prosecution.
  • Whether the dispute, being civil and already compromised, justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • cheating
  • forgery
  • civil dispute
  • compromise
  • CrPC
  • Indian Penal Code
  • Section 420
  • Section 467
  • Section 468
  • Section 471

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27429 of 2026
                      Arising Out of PS. Case No.-430 Year-2025 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Avinash Kumar, S/o Suresh Prasad @ Suresh Prasad Jaiswal, Resident of -
                 Magadh Colony, Kurji Sadakat Ashram, P.S - Digha, District – Patna.

                                                                                   ... ... Petitioner/s
                                          Versus
                 The State of Bihar.                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrigank Mauli, Sr. Advocate
                                                  Mr.Navin Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms.Nirmala Kumari, APP
                 For the Informant        :       Mr. Samir Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner, learned Additional Public Prosecutor appearing on

                   behalf of the State and learned counsel appearing for the

                   informant.

                                  2. The accused/petitioner apprehending his arrest

                   in connection with Patliputra P.S. Case No. 430 of 2025

                   registered for the offences punishable under Sections 420,

                   467, 468, and 471 of BNS.

                                 3. As per FIR,              petitioner alleged to cheat

                   informant, who is none but his landlord by means of forged

                   documents, making tenancy disputed.

                                 4. It is submitted by Mr. Mrigank Mauli, learned
Patna High Court CR. MISC. No.27429 of 2026(2) dt.30-04-2026
                                            2/3




          senior counsel appearing on behalf of the petitioner that the

          petitioner is the Director of M/s Hopcon Infra Projects

          Private Limited and also the partner of M/s Hopcon Infra

          Projects Limited also, as established under Partnership Act.

          It is submitted that the landlord/informant was under

          impression that his flat was given to company M/s Hopcon

          Infra Projects Private Limited against rent and not to M/s

          Hopcon Infra Projects Limited, a partnership firm. The rent

          to the informant was paid by partnership firm of the

          petitioner, which was duly received by him. It is submitted

          that subsequently, the aforesaid misunderstanding was

          shorted out and, dispute as surfaced between the parties

          was compromised.

                       5. Arguing further, it is submitted by Mr. Mauli that

          the dispute is basically civil in nature, for which the present

          criminal      prosecution       is      completely   unoccasioned   and

          unwarranted.

                       6. Learned APP, duly assisted by learned counsel

          Mr. Sammir Kumar, appearing on behalf of the informant,

          while opposing the prayer of bail could not disputed the
              Patna High Court CR. MISC. No.27429 of 2026(2) dt.30-04-2026
                                                          3/3




                        aforesaid fact and also affirmed the factum of compromise,

                        as submitted aforesaid by Mr. Mauli.

                                     7. In view of aforesaid factual submissions and by

                        taking note of fact as the disputes primarily appears civil in

                        nature between the parties, which has been already

                        compromised, as submitted, accordingly, above named

                        petitioner, in the event of his arrest or surrender before the

                        learned trial Court, within a period of four weeks of the

                        order, is directed to be released on bail furnishing bail bond

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

                        the like amount each to the satisfaction of the learned

                        A.C.J.M.-X, Patna/concerned Court, where the case is

                        pending in connection with Patliputra P.S. Case No. 430 of

                        2025 subject to the conditions as laid down under Section

                        482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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