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Patna High Court

Upendar Kumar @ Upendra Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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