Patna High Court
Gurudeo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the FIR was not convincing and was lodged with an inordinate delay.
Summary
The petitioner, Gurudeo Kumar, was named in an FIR (Araria PS Case No. 45/2026) alleging cheating under Sections 316(2), 316(5) and 318(4) of the BNS for failing to deliver goods worth Rs. 2,86,288 between September and October 2025. The petitioner contended that the allegations were false, arising from an internal official dispute, and that a departmental proceeding was already underway, making the criminal prosecution unwarranted. He also highlighted that the FIR was lodged on 28 January 2026, a two‑month delay from the alleged incident, without any justification. The State opposed bail, but the court found the FIR prima facie unconvincing and the delay unreasonable. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- What is the adequacy of the FIR and the effect of its two‑month delay on the propriety of granting bail?
- Whether the allegations of cheating under Sections 316(2), 316(5) and 318(4) of the BNS are sufficient to justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 316(2), 316(5), 318(4)
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
Subjects
- bail
- cheating
- FIR delay
- Section 316
- Section 318
- Section 482
- criminal procedure
- false allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42012 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- ARARIA District- Araria
======================================================
Gurudeo Kumar Son of Sri Deonarayan Yadav Resident of Mahalgaon, Near
Tower, Ward No. 4, P.S.- Mahalgaon, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar Sinha
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Araria P.S. Case No.
45/2026 registered for the offences punishable under Sections
316(2), 316(5) and 318(4) of the BNS.
3. As per FIR, petitioner failed to deliver different
goods of the informant company to the different customers
between 02.09.2025 to 31.10.2025 worth of Rs. 2,86,288/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that due to certain official disputes
present false allegation was raised against this petitioner. It is
submitted that departmental proceeding is under progress in
furtherance of show cause notice as issued on 25.10.2025
against this petitioner and, therefore, prior to arriving on any
conclusion that any cheating was made on part of this petitioner,
Patna High Court CR. MISC. No.42012 of 2026(2) dt.02-07-2026
2/2
the lodging of the present criminal prosecution is completely un-
occasioned and unwarranted. It is submitted that last occurrence
took place on 31.10.2025 in terms of FIR, where FIR in issue
was lodged on 28.01.2026 with the delay of two months, without
having any just explanation.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of the fact as the FIR in issue prima-facie not
appears convincing for allegation of cheating qua petitioner,
coupled with the fact as FIR in issue appears lodged with an
inordinate delay of two months, without having any just
explanation, 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,
Araria/concerned Court, where the case is pending in connection
with Araria P.S. Case No. 45/2026, 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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