Patna High Court
Arjun Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
Arjun Kumar Chaudhary sought anticipatory bail fearing arrest in a complaint alleging he, along with others, took Rs. 3,00,000 from the complainant by promising a job in an Anganwadi and later refused to provide the job or return the money. The petitioner argued that the complainant’s payment was itself unlawful as it was meant to secure a government job, and thus he could not be deemed cheated. He also highlighted that a co‑accused in the same case had been granted anticipatory bail earlier. The State opposed the bail. Considering the nature of the allegations, the similarity to the co‑accused’s case, and the discretion under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the complaint.
- Whether the allegations constitute a cognizable offence justifying arrest.
- Whether the prior grant of anticipatory bail to a co‑accused is determinative for the petitioner’s bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 120, 323, 34, 341, 342, 379, 420, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- job fraud
- Anganwadi
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40267 of 2024
Arising Out of PS. Case No.-136 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Arjun Kumar Chaudhary S/o Yogendra Choudhary RESIDENT OF ICDS
OFFICE PS TOWN BEGUSARAI DISTRICT BEGUSARAI, At Presently
posted in I.C.D.S., Office, P.S. - Town Police Station, Distt. - Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rajesh Kumar S/o Late Pramod Kumar Verma R/o vill - Khajhapur, P.S. -
Cheria Barayarpur, Distt. - Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyam Shivam Sundaram
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 05-02-2026 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a complaint
case registered for the offence punishable under Sections 341,
342, 323, 379, 504, 420, 120B and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that this
petitioner, along with other accused persons, on the pretext of
providing job in Aanganwadi, took a sum of Rs. 3,00,000/- from
the complainant. However, the accused persons did not provide
the job and also refused to return the money.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that complainant himself paid the
amount to secure government job, which itself is unlawful and
Patna High Court CR. MISC. No.40267 of 2024(3) dt.05-02-2026
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he cannot claim to have been cheated. It is further submitted that
similarly situated co-accused person, namely Arvind Kumar,
having similar allegations, has already been granted the
privilege of anticipatory bail vide order dated 22.05.2024 passed
in Cr. Misc. No. 32793 of 2024.
5. Learned A.P.P. for the State opposed the prayer for
grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
nature of accusation and the fact that similarly situated co
accused person has already been granted anticipatory bail, the
prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned AC.J.M., Manjhaul,
Begusarai, in connection with Complaint Case No. 136C of
2023, subject to condition as laid down under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
Patna High Court CR. MISC. No.40267 of 2024(3) dt.05-02-2026
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