Created by Fuzzy Cloud

Patna High Court

Akhil Kumar RoyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted subject to strict conditions under Section 438(2) of the CrPC despite the seriousness of the alleged offences.

Summary

Akhil Kumar Roy was implicated in a complaint (No. 1204/2023) alleging cheating and related offences under sections 406, 420, 323, 504 and 34 of the IPC, for allegedly obtaining Rs. 4,14,000 by showing fictitious land. The petitioner feared arrest and applied for anticipatory bail, offering to repay the amount in installments and seeking release on bail if arrested within four weeks. The State opposed the relief, but the court considered the petitioner’s undertaking and the nature of the allegations. Relying on Section 438(2) of the Criminal Procedure Code, the court granted anticipatory bail with a bail bond of Rs. 10,000, two sureties, and specific conditions including payment schedule, appearance before the trial court, and non‑interference with witnesses. The order also stipulated that violation of any condition could lead to cancellation of the bail.

Issues considered

  • Whether anticipatory bail can be granted to a person accused of offences under sections 406, 420, 323, 504 and 34 IPC.
  • Whether the court may impose a payment schedule and other conditions as part of anticipatory bail under Section 438(2) CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • cheating
  • IPC offences
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32236 of 2026
                  Arising Out of PS. Case No.-1204 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Akhil Kumar Roy Son of Late Bindeshwari Roy R/o Reshan Nagar, P.S.- Zero
                 Mile, Distt.- Bhagalpur

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Usha Devi Wife of Subhash Rai Resident Of Village - Dhauni, Ps- Tarapur,
                 Dist- Mungher, At Present Jyoti Vihar, Ps- Zero Mile, Dist- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :    Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-05-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Complaint Case no. 1204/2023 for the offence

                   under sections 406, 420, 323, 504, 34 of the IPC.

                                3. As per the prosecution story, showing the land

                   which was not there, the petitioner took away Rs. 4,14,000.

                   Later, it came to notice that in similar manner he has cheated a

                   number of persons. Upon pressure to return the amount, the

                   abuse/assault theory is there. This led to the present case.

                                4. Learned counsel for the petitioner submits that

                   though it was a valid/bonafide transaction, now that the

                   complainant is insisting for the return of the amount, he is ready
Patna High Court CR. MISC. No.32236 of 2026(2) dt.13-05-2026
                                            2/3




          to pay but the same be bifurcated/he be allowed to pay it in

          installments in following manner:

                       (i) Rs. 1,14,000/- at the time of execution of bail

                          bond;

                       (ii) Rs. 1,00,000/- by 10.06.2026;

                       (iii) Rs. 1,00,000/- by 10.07.2026;

                       (iv) Rs. 1,00,000/- by 14.08.2026.

                        5. The further submission is that failure to abide by

          the undertaking, the complainant shall be free to take recourse

          for the cancellation of the bail bond.

                       6. Learned APP opposes the prayer submitting that

          once the payment is being made, he will not oppose the grant of

          relief to him.

                       6. Considering aforesaid facts and on the undertaking

          given by the petitioner as recorded above, this Court is inclined

          to extend him the privilege of anticipatory bail with conditions.

                       7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

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

          satisfaction of learned Judicial Magistrate-1st Class, Bhagalpur

          in connection with Complaint Case no. 1204/2023 subject to the
           Patna High Court CR. MISC. No.32236 of 2026(2) dt.13-05-2026
                                                       3/3




                     conditions as laid down under Section 438(2) of the Cr.P.C.

                                  (i) one of the bailor should be the family

                     member/relative of the petitioner who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner shall appear on each and every date

                     before the Trial Court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of his

                     bail bond by the Trial Court itself;

                                  (iii) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Ravi/ S. Prasad

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.