Patna High Court

Prem SagarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Prem Sagar was charged under Sections 406 and 420 of the Indian Penal Code for allegedly taking Rs. 4.70 lakh from an informant for a construction contract, failing to complete the work, and issuing bounced cheques when asked to return the money. The petitioner sought anticipatory bail, claiming innocence and a clean antecedent. The State opposed the bail, emphasizing the seriousness of the cheating allegations. The court examined the nature of the accusations and the potential for the petitioner to evade trial. Considering the gravity of the offenses, the court refused the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the allegations of cheating under Sections 406 and 420 IPC

Legislation cited

Indian Penal Code — s. 406, 420

Subjects

anticipatory bail
cheating
IPC 406
IPC 420
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37457 of 2025
                         Arising Out of PS. Case No.-818 Year-2022 Thana- TEKARI District- Gaya
                 ======================================================
                 Prem Sagar S/o Vyas Manshi @ Vyas Bind R/o Village- Akhanpur, PS-
                 Alipur, Distt.- Gaya

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :        Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

7   08-01-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 406, 420 of the Indian

                   Penal Code.

                                3. As per F.I.R., informant entered into an agreement

                   with this petitioner on 3.10.2016 whereby Rs. 4,70,000/- was to

                   be paid and construction was to be completed within six

                   months. It is alleged that petitioner took the entire amount from

                   the informant but did not complete the work and when

                   informant requested to return the money, informant issued two

                   cheques totaling Rs. 3,50,000/- which were returned due to

                   insufficiency of funds and later on, he failed to return the money

                   to the informant.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.37457 of 2025(7) dt.08-01-2026
                                                          2/2




                        petitioner is innocent and has falsely been implicated in this

                        case. Petitioner claims clean antecedent.

                                     5. Considering the nature of accusation, prayer for

                        anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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