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Patna High Court

Sharvan Kumar RishiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified monetary and procedural conditions.

Summary

The petitioner, Sharvan Kumar Rishi, was implicated in a complaint alleging cheating under Sections 406 and 420 of the IPC for selling land he did not own and receiving Rs 8 lakh. He contended that the matter was purely civil, that he was falsely implicated, and offered to deposit the amount in the civil court in installments. The petitioner applied for anticipatory bail fearing arrest. The Court, without examining the merits, granted anticipatory bail subject to a bail‑bond of Rs 10,000, two sureties, an upfront deposit of Rs 5 lakh in the civil court and the balance Rs 3 lakh in two installments, with the bail liable to cancellation on non‑compliance. The order was made under Section 438(2) of the Cr.P.C. and Section 482 of the B.N.S.S., pending the final outcome of the case.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged cheating under Sections 406 and 420 IPC.
  • Whether the civil nature of the dispute precludes criminal prosecution.
  • What conditions may be imposed while granting anticipatory bail under Section 438 Cr.P.C.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • IPC 406
  • IPC 420
  • civil dispute
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31327 of 2026
                 Arising Out of PS. Case No.-569 Year-2024 Thana- PURNIA COMPLAINT CASE District-
                                                         Purnia
                 ======================================================
                 Sharvan Kumar Rishi son of Late Laxman Rishi Resident of village- Belouri
                 Sri Ram Tola, ps- Sadar, Dist- Purnea
                                                                        ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Rajiv Singh @ Rajiv Kumar Singh S/O Hem Narayan Singh R/O Mangal
                  Colony, Suddin Chowk, P.S.- Khazanchi Hat, Dist. Purnia
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Md. Helal Ahmad
                 For the Opposite Party/s :     Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   02-07-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 406, 420 of the Indian

                   Penal Code.

                                3. As per the prosecution case, the petitioner entered

                   into an agreement with the complainant to sale a piece of land,

                   which was not owned and possessed by him. The land, proposed

                   to be sold by petitioner, was actually owned by his maternal

                   grand father and the same was already sold to someone else, but

                   concealing this fact, the petitioner received an amount of Rs. 8

                   lakhs from complainant and in this way, he deceived the

                   complainant.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.31327 of 2026(3) dt.02-07-2026
                                            2/3




          petitioner is quite innocent and has been falsely implicated in

          this case. The dispute involved in the complaint petition is

          purely of civil nature. However, without admitting the allegation

          made in the complaint petition, the petitioner is ready to deposit

          the alleged amount of Rs. 8,00,000/- (Rupees eight lacks) in

          easy installments in the Nazarat of concerned Civil Court.

                       5. Considering the aforesaid facts and circumstances,

          let the above named petitioner, in the event of his

          arrest/surrender within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate 1st Class, Purnea in

          connection with Complaint Case No. 569 of 2024, subject to

          condition as laid down under Section 438(2) of the Cr.P.C. / 482

          of the B.N.S.S. with further following conditions:

                              “(A) At the time of furnishing bail-bond, the
                       petitioner shall deposit Rs. 5,00,000/- (Five lacks)
                       in the Nazarat of concerned Civil Court and receipt
                       of the same shall be furnished along with bail-
                       bond.
                              (B) Rest amount i.e. Rs. 3,00,000/- (Three
                       Lacks) shall be deposited in the Nazarat of
                       concerned Civil Court in two installments of Rs.
                       1,50,000/- (one lack fifty thousand) each within a
                       period of six months from the date of furnishing
           Patna High Court CR. MISC. No.31327 of 2026(3) dt.02-07-2026
                                                       3/3




                                  bail-bond.
                                         (C) The aforesaid payment shall be subject to
                                  final outcome of the case.
                                         (D) If petitioner fails to comply the direction
                                  of this Court, the learned Court below would be at
                                  liberty to cancel the bail-bond of the petitioner.”


                                  6. This order has been passed, without going into the

                     merit of the case, only for the purpose of considering the prayer

                     for anticipatory bail of petitioner.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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