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Patna High Court

Priti KumariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioners' application for anticipatory bail.

Summary

The petitioners, Priti Kumari and Kumar Gaurav, applied for anticipatory bail in a complaint (Case No. 4574 of 2022) alleging offences under Section 420 of the IPC and Section 138 of the Negotiable Instruments Act. The complaint alleged that the petitioners received advance payments of Rs. 20 lakh and Rs. 3 lakh for the purchase of a piece of land, but the land was sold to another buyer and the amounts were not returned. The petitioners claimed they would make efforts to return the money, but after the hearing they could not be contacted and no restitution had been made. The State and the complainant opposed the bail, emphasizing the seriousness of the fraud and the lack of any concrete undertaking. Justice Satyavrat Verma, after hearing both sides, declined to grant anticipatory bail, finding no sufficient ground to extend the privilege.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in a case involving alleged fraud under Section 420 IPC and Section 138 NI Act
  • Whether the petitioners' alleged willingness to return the money constitutes a sufficient ground for bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 420 IPC
  • Section 138 NI Act
  • fraud
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4877 of 2026
                 Arising Out of PS. Case No.-4574 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE
                                                  District- Muzaffarpur
                 ======================================================
           1.     Priti Kumari W/o Kumar Gaurav Director Shiwansh Logis Presently office
                  at Nand Vihar Colony, Bela, PS.- Mithanpura, Dist- Muzafarpur, W/o Kumar
                  Gaurav, R/o Majhauli Pachdahi, PO- Pachdahi, PS- Bariyarpur,
                  Dist-.Muzzafarpur, Bihar-843119
           2.    Kumar Gaurav S/o Mr. Chandra Bhusan Mishra R/o Majhauli Pachdahi, PO-
                 Pachdahi, PS- Bariyarpur, Dist-.Muzzafarpur, Bihar-843119

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Pratik Parasar S/o Late Shashibhushan Mishra R/o vill - Mahammadpur
                 Mohan, P.S.- Sakra, Distt.- Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Dhananjay Kumar
                 For the Opposite Party/s :   Mr.Ashok Kumar Singh- A.P.P.
                                              Mr.Pradeep Kumar Sinha
                                              Ms.Punam Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   26-03-2026                  1. Heard learned counsel for the petitioners, learned

                   APP for the State and the learned counsel appearing on behalf of

                   the complainant.

                                2. The petitioners seek bail in anticipation of their

                   arrest in Muzaffarpur Complaint Case No.4574 of 2022

                   registered for the offences punishable under Section 420 of the

                   Indian Penal Code and Section 138 of the N. I. Act.

                                3. The learned counsel for the complainant submits

                   that the case was taken up on 12.03.2026, when one week time
Patna High Court CR. MISC. No.4877 of 2026(5) dt.26-03-2026
                                            2/3




          was sought by the learned counsel for the petitioner on the

          ground that endeavours would be made for returning the amount

          which was created in the account of the petitioners.

                       4. The learned counsel for the complainant further

          submits that an amount of Rs.20 Lacs was credited in the

          account of petitioner no.1 and Rs.3 Lacs in the account of

          petitioner no.2 by the complainant by way of advance money

          for purchasing a piece of land for which consideration was fixed

          at Rs.35 Lacs, but then, the land was sold to a different

          purchaser, but the amount which was credited in the account of

          the petitioners was not returned, as such, on 12.03.2026 time

          was taken.

                       5. Today when the case is taken up, the learned

          counsel appearing on behalf of the petitioners submits that

          petitioners had instructed him to make submission that

          endeavours would be made to return the amount which was

          credited in their account, but as of now, despite his best

          endeavours, he could not contact the petitioners nor the

          petitioners contacted him after 12.03.2026.

                       6. After hearing the learned counsel for the parties,

          the Court is not inclined to extend the privilege of anticipatory

          bail to the petitioners.
               Patna High Court CR. MISC. No.4877 of 2026(5) dt.26-03-2026
                                                           3/3




                                      7. The prayer of the petitioners for anticipatory bail

                         stands rejected.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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