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Patna High Court

Swrajya KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the offences were of serious nature and warranted surrender.

Summary

The petitioners sought anticipatory bail in two criminal matters arising from Nawada. In the first case, they were accused of cheating and criminal breach of trust in a land sale transaction involving Rs. 25.5 lakh, alleged under Sections 406, 420 and 34 of the IPC. In the second case, they were charged with taking a loan of Rs. 23 lakh secured by a cheque that later bounced, also under Sections 420 and 34 IPC. The High Court examined the seriousness of the offences, the possibility of tampering with evidence, and the risk of the petitioners absconding. Considering the gravity of the allegations, the Court declined to grant anticipatory bail in both matters. The petitioners were ordered to surrender to the lower court within specified periods and to apply for regular bail, with the observations limited to these applications.

Issues considered

  • Whether anticipatory bail can be granted in offences punishable under Sections 406, 420 and 34 of the IPC relating to land fraud
  • Whether anticipatory bail can be granted in offences punishable under Sections 420 and 34 of the IPC relating to cheque bounce and loan default

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • land fraud
  • cheque bounce
  • IPC sections 406 420 34
  • criminal procedure

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
                                            3/4




          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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