Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sachin Kumar, was arrested in a case under sections 420 and 406 of the IPC for allegedly transferring Rs. 18.8 lakh to a co-accused for the purchase of a JCB machine, which was not delivered. The petitioner claimed he never received the machine or any money, and that the co-accused had returned the amount to the informant and was already granted bail. He sought regular bail, asserting clean antecedents and having been in custody since 24‑08‑2025. The State opposed the bail application. The Court, after considering the nature of the accusation, investigation material, and the period of custody, allowed the petition for regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under sections 420 and 406 IPC.
- Whether the circumstances, including the compromise petition and the co-accused's bail, justify granting bail.
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- regular bail
- IPC 420
- IPC 406
- criminal procedure
- compromise petition
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.424 of 2026
Arising Out of PS. Case No.-131 Year-2024 Thana- ROSERA District- Samastipur
======================================================
Sachin Kumar Son of Suryakant Jha Village -Manamath, (Mangalgarh) Ward
No 10, Post Office -Nayanagar Police Station -Hasanpur District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Rai , Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under section 420 and 406 of IPC .
3 . As per F.I.R. on the persuasion of this petitioner,
informant transferred Rs. 18,80,000/- in the account of co-
accused Vijay Kumar Jha to purchase a JCB machine but
thereafter, they neither gave the possession of JCB nor returned
the money .
4. Learned counsel appearing for the petitioner
submitted that from bare perusal of F.I.R. it is apparent that
entire alleged amount was paid and transferred in the account of
co-accused Vijay Kumar Jha . Not a single penny was received
by this petitioner. Moreover, co-accused Vijay Kumar Jha has
returned the alleged amount to the informant, as per
Patna High Court CR. MISC. No.424 of 2026(2) dt.13-02-2026
2/2
compromise petition and on the basis of aforesaid compromise
petition between both the parties, co-accused Vijay Kumar Jha
has been granted bail by learned Court below vide order dated
31.10.2025 . Petitioner claims clean antecedent and he is in
custody since 24.08.2025 .
5 . Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation, materials
collected during investigation and period of custody of the
petitioner, his prayer for regular bail is allowed. Let the
petitioner, mentioned above, 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 Additional
session Judge – II Rosera ( Samastipur ) in Rosera
( Samastipur ) Police Station Case No. 131 of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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