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Patna High Court

Ranjit Kumar Vishwas @ Ranjan Kumar Vishwas @ Sagar Kushwaha @ Ranjit Kr. BishwashversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that there was no prima facie intention to cheat and therefore granted bail to the petitioner.

Summary

The petitioner was named in an FIR for alleged cheating and criminal breach of trust under Sections 420 and 406 of the IPC, concerning a business transaction where a sum of Rs. 51,54,800 remained unpaid. The petitioner argued that the dispute was purely civil, arising from a commercial hardship, and that there was no intention to cheat from the outset. The State opposed bail, contending the seriousness of the offences. The High Court examined the factual submissions and found no prima facie evidence of dishonest intent, concluding that the matter was more suitable for civil recovery. Consequently, the Court ordered the petitioner’s release on bail, subject to a bond and sureties, invoking the inherent powers of the High Court under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to bail in a case involving alleged cheating and criminal breach of trust.
  • Whether the FIR discloses a prima facie intention to cheat, justifying denial of bail.
  • Whether the dispute is civil in nature and should be dealt with through civil proceedings rather than criminal prosecution.

Legislation cited

Subjects

  • bail
  • cheating
  • criminal breach of trust
  • civil dispute
  • intention
  • Section 420 IPC
  • Section 406 IPC
  • High Court
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41171 of 2026
                         Arising Out of PS. Case No.-80 Year-2026 Thana- KASBA District- Purnia
                 ======================================================
                 Ranjit Kumar Vishwas @ Ranjan Kumar Vishwas @ Sagar Kushwaha @
                 Ranjit Kr. Bishwash S/O Sri Sahabir Vishwas R/O Village Kanvapara Kula
                 Khas PS Kasba Distt Purnea
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar, Adv
                                          :       Md. Danish Quamar, Adv
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-06-2026                   Heard the parties.

                                 2. The petitioner is named in the F.I.R. and apprehending

                   his arrest in connection with Kasba P.S. Case No. 80/2026 registered

                   for the offences punishable under Sections 406 and 420 of the IPC.

                                 3. The allegation against petitioner is to cheat informant

                   for a sum of Rs. 51,54,800/-.

                                 4. It is submitted by learned counsel appearing on behalf

                   of petitioner that the entire dispute is admittedly arising out of

                   business transaction, where admittedly against outstanding sum of

                   Rs. 76,54,800/- petitioner paid some amount leaving Rs. 51,54,800/-

                   as remaining balance. It is submitted that factual aspects of the FIR

                   suggests that petitioner was not under intention to cheat informant

                   from very inception of the business deal, as it was so, no amount

                   ought to be paid as admitted. It is submitted that due to certain

                   business related hardship the amount as alleged could not paid by
               Patna High Court CR. MISC. No.41171 of 2026(2) dt.29-06-2026
                                                           2/2




                         petitioner to the informant and moreover the dispute is of civil in

                         nature for which appropriate proceeding may initiated for recovery of

                         outstanding dues without initiating present criminal proceeding,

                         which is completely un-occasioned and unwarranted. Petitioner

                         found involved in one more case, where he is on bail.

                                       5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by taking

                         note of fact as prima-facie this case did not suggest that petitioner

                         was under intention to cheat informant from the very inception of the

                         deal, accordingly petitioner above-named, in the event of his arrest or

                         surrender before the court below within a period of four weeks, is

                         directed to be released on bail, furnishing bail bond of Rs. 10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount each to

                         the satisfaction of the learned CJM, Purnea/concerned Court, where

                         the case is pending in connection with Kasba P.S. Case No. 80/2026,

                         subject to the conditions as laid down under Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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