Patna High Court
Kailash Chandra Lohiya @ Kailash LohiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 34, 406
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.