Patna High Court
Akhil Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 34, 406, 420, 504
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
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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
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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
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