Patna High Court
Ranjit Kumar Vishwas @ Ranjan Kumar Vishwas @ Sagar Kushwaha @ Ranjit Kr. BishwashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 406, 420
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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