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Patna High Court

Eknath SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed, and the petitioner was directed to surrender.

Summary

The petitioner, Eknath Sharma, filed an application fearing arrest in a complaint (Case No. 471 of 2023) filed under Sections 406 and 417 of the Indian Penal Code. The prosecution alleges that Sharma purchased a truck financed by Tata Motors Finance Ltd., sold the vehicle to the complainant without disclosing its hypothecation, and subsequently obtained an additional loan, resulting in a liability of Rs. 70 lakhs. The court examined whether the petitioner was entitled to bail in view of the alleged offences of criminal breach of trust and cheating. Finding the allegations serious and the risk of the petitioner evading the investigation, the court dismissed the bail application. Sharma was ordered to surrender within two weeks and to apply for regular bail, failing which the police were directed to arrest him.

Issues considered

  • Whether the petitioner is entitled to bail in a case instituted under Sections 406 and 417 IPC.
  • Whether the alleged sale of a hypothecated vehicle and subsequent loan constitute criminal breach of trust and cheating.

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • hypothecation
  • finance
  • arrest
  • Indian Penal Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.29122 of 2025
                  Arising Out of PS. Case No.-471 Year-2023 Thana- COMPLAINT CASE - NAUGACHIA
                                                    District- Bhagalpur
                 ======================================================
                 Eknath Sharma Son of Surendra Sharma Resident of Village- Chakrami
                 Narayanpur, P.S.-Bhawanipur, District- Bhagalpur, presently R/o- Housing
                 Board Colony, Bhagalpur, MH-5 LH-35, Arban Near Polytechnic Ground,
                 P.S.- Barari, District- Bhagalpur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Abhishek Kumar Son of Bajrang Rajak Resident of Village- Chitragariya,
                 P.O.- Benagariya, P.S.- Shikaripara, Dist.- Dumka, Jharkhand, Present R/O
                 Vill. and P.O.- Shikaripara, P.S.- Sikaripara, Dist.- Dumka, Jharkhand
           3.    The Manager, Tata Motors Finance Ltd. TMFL, Purnea Branch, Purnea, P.O.
                 and P.S.- Purnea, Purnea- 854301

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Jitendra Kumar Pandey, Advocate
                 For the State          :      Mr.Umanath Mishra, APP
                 For the OP No. 3       :      Mr. Dhananjay Kashyap, Advocate
                 For the Complainant/OP :      Mr. Majid Mahboob Khan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   12-03-2026                 Heard learned counsel for the petitioner; learned

                   A.P.P. for the State and learned counsel for the Tata Motors

                   Finance.

                               2. The petitioner apprehends arrest in connection

                   with Complaint Case No. 471 of 2023 instituted under Sections

                   406 and 417 of the Indian Penal Code.

                               3. As per the prosecution case, the petitioner is

                   accused of fraudulently selling the vehicle under finance.

                               4. From the allegation levelled in the FIR, it appears
           Patna High Court CR. MISC. No.29122 of 2025(8) dt.12-03-2026
                                                       2/2




                     that the petitioner has bought a truck financed by Tata Finance

                     Limited. Subsequently, the truck was sold to the complainant

                     without informing him that it was under hypothication from the

                     Tata Finance. Thereafter, the petitioner had taken further loan

                     from Tata Finance and now the aforesaid loan account stands at

                     Rs. 70 lakhs. It appears that the petitioner has cheated the

                     complainant as well as the Tata Finance.

                                  5. In these circumstances, this application is

                     dismissed.

                                  6. The petitioner is directed to surrender within two

                     weeks from today and pray for regular bail, failing which the

                     Senior Superintendent of Police, Bhagalpur will take all steps

                     for arrest of the petitioner.

                                  7. Let a copy of this order be communicated to the

                     Senior Superintendent Police, Bhagalpur through FAX or e-mail

                     for its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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