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Patna High Court

Vikash Kunal @ Vikash Kumar @ PappuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted subject to the condition that the petitioner refunds the remaining amount and complies with the bail bond terms.

Summary

The Patna High Court considered an application for anticipatory bail filed by Vikash Kunal, who was implicated in a complaint alleging fraud, cheating, criminal breach of trust and violations of the IT Act for promising a government tender to the complainant, receiving large sums of money, issuing a bounced cheque and threatening the complainant. The petitioner claimed he had only received part of the money and was willing to return the balance, and he sought relief to avoid arrest. The court examined the allegations but limited its consideration to the bail application without delving into the merits of the case. It granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and a condition that the petitioner refund the remaining amount of Rs 15,87,053 by bank draft. The order also warned that failure to comply would lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail can be granted in a complaint case involving alleged offences under Sections 384, 386, 406, 420, 467, 468, 471, 472, 120(B), 34 of the IPC and Sections 72, 72(A), 73, 74 of the IT Act
  • Whether the petitioner’s undertaking to refund the alleged amount justifies the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • cheating
  • IPC
  • IT Act
  • bail conditions
  • complaint case
  • tender fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33254 of 2025
                   Arising Out of PS. Case No.-681 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Vikash Kunal @ Vikash Kumar @ Pappu son of Girish Prasad Singh @
                 Girish Singh Village -Jinedpur (Ginedpur), near middle School Ward No 5 PO
                 -Rajaura PS -Muffasil District -Begusarai

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Abhishek Kumar son of Late Shambhu Prasad Singh village- Pokharia,
                 Ward no. 39, ps- Town, dist- Begusarai Proprietor M/S- Vaibhabhi Green
                 Enterprises, Begusarai, 103 Nirtu Niwas, Dak Banglow Near Kali Sthan
                 chowk Pokharia, ps- Town, Dist- Begusarai

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Sandip Kumar Gautam, Adv.
                 For the State         :       Mrs.Sangeeta Sharma, APP
                 For the OP-2          :       Mr. Rakesh Kr. Sharma, Mr. Alok Anand and
                                               Mrs. Pratibha Pandey, Advocates
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   16-01-2026                  At the outset, learned counsel for the petitioner seeks

                   permission to make correction in paragraph – 6 of the

                   supplementary affidavit.

                                2. Permission granted. It may be done in course of the

                   day.

                                3. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for opposite party no. 2.

                                4. The petitioner apprehend his arrest in a complaint

                   case punishable for the offence under Sections 384, 386, 406,

                   420, 467, 468, 471, 472, 120(B), 34 of the Indian Penal Code
Patna High Court CR. MISC. No.33254 of 2025(6) dt.16-01-2026
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          and Sections 72, 72(A), 73, 74 of the I.T. Act.

                       5. As per complaint case, the complainant, who is

          owner of Baibhavi Earth Green, was approached by this

          petitioner, who promised him that he would help him to get

          tender in Education Department, as a result of which, the

          complainant paid huge amount on different dates either through

          cash or in the bank account of this petitioner and other persons.

          The accused also took digital signature of complainant, but the

          tender was not awarded to complainant and when complainant

          demanded his money, the petitioner and other accused refused

          and also threatened to kill. It is further alleged that after

          repeated requests by complainant, this petitioner gave a cheque

          of Rs. 77,05,000/- to complainant, but the same got bounced.

                       6. Learned counsel for the petitioners submits that the

          petitioner, who happens to be proprietor of Rayeoan metal, and

          complainant are cousin brothers. He further submits that

          petitioner denies payment of cash amount and admits that he has

          only received Rs.26,75,000/- in his SBI bank account, out of

          which, he has already returned Rs. 10, 87,947/- in the bank

          account of Baibhavi Earth Green, whose proprietor is

          complainant and as such, petitioner is ready to return the

          remaining amount i.e. Rs. 15,87,053/- to the complainant, as per
Patna High Court CR. MISC. No.33254 of 2025(6) dt.16-01-2026
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          statement made in paragraph – 6 of the supplementary affidavit,

          for which learned counsel for the opposite party no. 2 does not

          oppose and at the same time, learned counsel for the opposite

          party no. 2 submits that complainant has got receipt of cash

          amount, which he had given to petitioner.

                       7. Keeping in view the undertaking given by the

          petitioner, his prayer for anticipatory bail is allowed.

          Accordingly, let the above named petitioner, in the event of

          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, Begusarai in

          connection with Complaint Case No. 681 of 2024, subject to

          condition as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the B.N.S.S. with further

          following conditions:

                         “(A) At the time of furnishing bail-bond, the
                         petitioner shall refund remaining amount i.e. Rs.
                         15,87,053/- (Rupees fifteen lakhs eighty seven
                         thousand fifty three only) through Bank Draft in
                         the name of Abhhishek Kumar (complainant /
                         opposite party no. 2).

                         (B) If petitioner fails to comply the direction of
                         this Court, the learned Court below would be at
                         liberty to cancel the bail-bond of petitioner.”
           Patna High Court CR. MISC. No.33254 of 2025(6) dt.16-01-2026
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                                   8. It is made clear that aforesaid order has been

                     passed only for considering the prayer for anticipatory bail

                     without going into the merit of the case.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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