Patna High Court
Swarajya KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted given the seriousness of the alleged offences.
Summary
The petitioners, including Swarajya Kumar, sought anticipatory bail fearing arrest in two separate criminal matters arising from a land sale dispute and a loan default. The first case involved alleged offences under IPC Sections 406, 420 and 34 relating to fraudulent sale of non‑existent land and failure to return the purchase price. The second case concerned a claim that Swarajya Kumar obtained a loan of Rs.23 lakh, issued a cheque as security, and later defaulted, leading to a complaint under Sections 420 and 34. The Patna High Court examined the gravity of the offences and the risk of tampering with evidence, concluding that anticipatory bail was not warranted. Consequently, the court rejected the anticipatory bail applications, ordered the petitioners to surrender to the lower court within a specified period, and directed that regular bail may be sought thereafter.
Issues considered
- Whether anticipatory bail should be granted in cases involving alleged criminal breach of trust, cheating and fraud under IPC Sections 406, 420 and 34
- Whether the nature and gravity of the offences justify denial of anticipatory bail under CrPC Section 438
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- CrPC Section 438
- IPC Section 406
- IPC Section 420
- IPC Section 34
- criminal breach of trust
- cheating
- land fraud
- surrender order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43272 of 2025
Arising Out of PS. Case No.-1535 Year-2022 Thana- NAWADA District- Nawada
======================================================
Swarajya Kumar S/O Late Dev Sharan Prasad R/O- New Area, Nawada, P.S-
Nagar, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mithilesh Kumar S/O Late Ranjit Singh R/O Village- Ambika Bigha,
Mothak Mahal, Sonsihari, P.S- Muffassil, Distt.- Nawada. Currently residing
at 166 BELLILI OVS Road Kadamtalla, Howrah (West Bengal)- 711101.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 43310 of 2025
Arising Out of PS. Case No.-1512 Year-2022 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
1. Swrajya Kumar S/O Late Dev Sharan Prasad R/O Village- Pakariya, P.S-
Muffasil, District- Nawada.
2. Rahul Kumar S/O Swrajya Kumar R/O Village- Pakariya, P.S- Muffasil,
District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 43272 of 2025)
For the Petitioner/s : Mr. Pankaj Kumar
For the Opposite Party/s : Mr. Surendra Kumar
(In CRIMINAL MISCELLANEOUS No. 43310 of 2025)
For the Petitioner/s : Mr. Pankaj Kumar
For the Opposite Party/s : Mr. Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 10-03-2026 Ref:- Cr. Misc. No. 43272 of 2025
Heard the learned counsel for the petitioner and the
learned counsel for the State.
Patna High Court CR. MISC. No.43272 of 2025(9) dt.10-03-2026
2/4
2. The petitioner apprehends arrest in connection with
Nawada P.S. Case No. 1535 of 2022 registered for offences
under Sections 406, 420 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant
purchased 8.75 decimals of land in Mauza Sonsihari, Tola
Ambika Bigha (New Khata No. 653, New Plot No. 2561) from
Swarajya Kumar, his son Rahul Kumar, and Mithilesh Singh,
paying a total of Rs. 25,50,000/- through a sale deed executed
on 18.10.2021. Vinay Kumar was the identifier, and Swarajya
Kumar and Upendra Kumar were witnesses. The informant also
paid Rs. 1,50,000/- as registration expenses. When the
informant applied for mutation of the land on 26.10.2021
(Mutation Case No. 4211/21-22), it was found that the land did
not exist in the stated plot, and the application was dismissed.
The informant then sought repayment of his money. Swarajya
Kumar returned Rs. 2,00,000/- and Mithilesh Singh returned Rs.
1,50,000/- to the informant’s daughter-in-law’s account, but the
balance amount of the consideration has not been returned.
4. Considering the nature and the gravity of the
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
Patna High Court CR. MISC. No.43272 of 2025(9) dt.10-03-2026
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hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
Ref:- Cr. Misc. No. No. 43310 of 2025
8. Heard the learned counsel for the petitioners and
the learned counsel for the State.
9. The petitioners apprehend arrest in connection with
Complaint Case No. 1512 of 2022 filed under Section 420/34 of
the Indian Penal Code.
10. The allegation against the petitioner, Swaraj
Kumar, is that he took a loan of Rs. 23,00,000/- from the
complainant and issued a cheque as security in the account of
accused Rahul Kumar. Subsequently, he failed to repay the said
amount, and the cheque issued was dishonored.
11. Considering the nature and gravity of offence, this
court is not inclined to grant the privilege of anticipatory bail to
the petitioners in the present case.
Patna High Court CR. MISC. No.43272 of 2025(9) dt.10-03-2026
4/4
12. Accordingly, this application for anticipatory bail
is rejected.
13. The petitioners are directed to surrender in the
concerned Court below within a period of four weeks from
today and seek regular bail, failing which the Superintendent of
Police, Nawada will take all steps for the arrest of the
petitioners.
14. It is, however, clarified that the observations made
herein are limited to the adjudication of the present applications
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
15. Let a copy of this order be communicated to the
Superintendent of Police, Nawada through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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