Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 406, 420, 468
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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