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Patna High Court

Kailash Chandra Lohiya @ Kailash LohiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner subject to bail bond and surety conditions.

Summary

The petitioner, Kailash Chandra Lohiya, director of Turbotech Infranet Pvt. Ltd., faced a complaint (No. 2906 of 2022) alleging cheating under IPC sections 406 and 34, with a claimed loss of Rs. 45,16,500. He had already returned Rs. 40,00,000 and handed a demand draft of Rs. 5,16,500 to the complainant in court. The petitioner applied for anticipatory bail fearing arrest. The High Court, after hearing counsel for both sides, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The court clarified that its observations were prima facie and not an adjudication on the merits of the underlying criminal case.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged cheating under IPC sections 406 and 34.
  • Whether the restitution of the entire alleged loss affects the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the Criminal Procedure Code are applicable to the anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • criminal breach of trust
  • IPC
  • CrPC
  • restitution
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37782 of 2026
                 Arising Out of PS. Case No.-2906 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Kailash Chandra Lohiya @ Kailash Lohiya S/o Ram Gopal Lohiya Director
                 Turbotech Infranet Pvt. Ltd. R/o Capital Greens 80, P.F. 13, P.O. Surat City
                 Tal, P.S.- Versu, District- Surat (Gujarat)

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Shri Chandra Bhushan Roy Son of Shri Baijnath Rai Resident of Village-
                 Bhaluana, P.S.- Charpokhari, Distt.- Bhojpur, present residing at Partner M/S
                 Avidhyan Enterprises, 406C, S. enclave, Ganga Vihar Colony, P.S.- Beur,
                 Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Subodh Kumar Barnwal
                 For the Opposite Party/s :     Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   29-06-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel for the

                   complainant.

                                2. The petitioner apprehends arrest in connection with

                   Complaint Case No. 2906 of 2022 in which cognizance has

                   been taken under Sections 406 and 34 of the Indian Penal Code.

                                3. The petitioner is alleged to have cheated the

                   informant of an amount of Rs. 45,16,500/- Out of the said

                   amount, Rs. 40 lakhs have already been returned to the

                   complainant by the petitioner. Today, learned counsel for the

                   petitioner has handed over a demand draft of Rs. 5,16,500/- to
            Patna High Court CR. MISC. No.37782 of 2026(4) dt.29-06-2026
                                                        2/2




                      the complainant in Court.

                                   4. In view of the aforesaid facts and circumstances of

                      the case, this application for anticipatory bail stands allowed.

                                   5. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Court below

                      where the case is pending/successor Court in connection with

                      Complaint Case No. 2906 of 2022 subject to the conditions as

                      laid down under Section 482(2) of the BNSS.

                                   6. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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