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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for anticipatory bail is dismissed; the petitioner is not entitled to anticipatory bail.

Summary

Chandan Kumar, accused of cheating approximately Rs 10.5 lakh under Sections 406, 420 and 468 of the Indian Penal Code, applied for anticipatory bail fearing arrest in Complaint Case No. 932(C) of 2023. The State of Bihar and the informant opposed the bail, alleging that the petitioner is a habitual cheat with prior similar offences. The High Court examined whether anticipatory bail could be granted in such a complaint case and considered the petitioner’s alleged antecedents. Finding the allegations credible and the seriousness of the offences, the Court dismissed the anticipatory bail application. The petitioner was ordered to surrender within two weeks and to seek regular bail, failing which the Senior Superintendent of Police, Patna, was directed to arrange his arrest.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in a complaint case under Sections 406, 420 and 468 IPC.
  • Whether the petitioner’s alleged antecedent conduct warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • IPC
  • high court
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33415 of 2025
                   Arising Out of PS. Case No.-932 Year-2023 Thana- COMPLAINT CASE - DANAPUR
                                                     District- Patna
                 ======================================================
                 Chandan Kumar S/o Sri Chandrika Ram R/O Vill.- Tata Colony, P.s.- Maner,
                 Dist.- Patna.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Dhrmjeet Kumar S/O Sri Rajnath Prasad R/O Vill. and Post- Byaspur, P.s.-
                 Maner, Dist.- Patna.
           3.    Ankit Raj S/O Sri Rajnath Prasad R/O Vill. and Post- Byaspur, P.s.- Maner,
                 Dist.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Ram Niwas Prasad, Advocate
                 For the State          :      Mr.Md. Aslam Ansari, APP
                 For the Informant      :      Mr. Sanjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   17-02-2026                   Heard learned counsel for the petitioner; learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends arrest in connection

                   with Complaint Case No. 932(C) of 2023 instituted under

                   Sections 406, 420 and 468 of the Indian Penal Code.

                                3. The petitioner is accused of cheating Rs.

                   10,50,000/- approx. He has tried to make out a defence that the

                   present is a complaint case, therefore, he may be released on

                   anticipatory bail.

                                4. Learned counsel for the State and learned counsel

                   for the informant have vehemently opposed the prayer for
           Patna High Court CR. MISC. No.33415 of 2025(6) dt.17-02-2026
                                                       2/2




                     anticipatory bail and has submitted that the petitioner is a big

                     cheat and he has similar antecedent also.

                                  5. In view of the above, 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, Patna will take all steps for

                     arrest of the petitioner.

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

                     Senior Superintendent Police, Patna through FAX or e-mail for

                     its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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