Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 420, 467, 468, 471
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
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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
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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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