Patna High Court
Upendar Kumar @ Upendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted.
Summary
The petitioner, Upendar Kumar Yadav, applied for anticipatory bail fearing arrest in a case registered under Sections 406, 409 and 420 of the Indian Penal Code for allegedly defrauding a micro‑finance company of Rs. 2 lakhs. The prosecution alleged criminal breach of trust, dishonest misappropriation and cheating. The petitioner’s counsel could not produce any documentary evidence to support the bail request. The Patna High Court, after considering the seriousness of the allegations, declined to grant anticipatory bail. The court ordered the petitioner to surrender within four weeks and apply for regular bail, warning that failure to do so would lead to his arrest by the Superintendent of Police, East Champaran.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under Sections 406, 409 and 420 of the IPC without supporting documents.
Legislation cited
- Indian Penal Code — s. 406, 409, 420
Subjects
- anticipatory bail
- IPC 406
- IPC 409
- IPC 420
- criminal breach of trust
- cheating
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44510 of 2025
Arising Out of PS. Case No.-85 Year-2024 Thana- RAMGARHWA District- East Champaran
======================================================
Upendar Kumar @ Upendra Kumar Yadav S/O Kanhaiya Yadav R/O Vill.-
Durgoliya, P.s.- Shikarpur, Dist.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rabis Kumar S/o Ashok Chaudhary R/o Village- Lakshmipur, Ward no. 4,
P.S.- Shikarpur, West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Ramgarhwa P.S. Case No. 85 of 2024
registered for the offence under Sections 406, 409, 420 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of defalcating Rs. 2 lakhs of a Micro Finance Company.
4. Though the learned counsel for the petitioner has
tried to make out a case for grant of bail but he is unable to
show any document in support of the same.
Patna High Court CR. MISC. No.44510 of 2025(6) dt.21-01-2026
2/2
5. Considering the nature of allegation, this Court
is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory
bail is dismissed.
7. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, East Champaran
will take all steps for arrest of the accused person/s including
the petitioner.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, East Champaran
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…