Patna High Court
Md. AftabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Petitioner Md. Aftab, proprietor of Mediaim Health Care, was named in a complaint alleging cheating under IPC sections 420 and 34 for supplying defective medical equipment and threatening the informant. The informant, Diwakar Narayan Upadhyay, claimed the petitioner sent machines worth Rs. 3,00,900 without proper bar codes and failed to retrieve them, later confronting the petitioner with abuse and threats. The petitioner contended that the dispute stemmed from a commercial transaction, noting a civil decree in his favor for an outstanding amount of Rs. 4,41,200 against the opposite party. He applied for anticipatory bail, asserting clean antecedents and that the civil decree demonstrated the civil nature of the dispute. The court, considering the nature of the accusation and the favorable civil decree, granted anticipatory bail subject to bail bond and sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a complaint alleging cheating under IPC sections 420 and 34.
- Whether the existence of a civil decree in favor of the petitioner negates the criminal nature of the allegations.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 420
Subjects
- anticipatory bail
- cheating
- IPC 420
- civil decree
- business dispute
- criminal complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49721 of 2025
Arising Out of PS. Case No.-3766 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Md. Aftab S/o- Yusuf Proprietor Mediaim Health Care 1111 Sect. II College
Colony Dera Bassi Ps- Dera Bassi Dist- SAS Nagar Mohali Punjab
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sri Diwakar Narayan Upadhyay General Manager, Shreeja Solutions,
Upadhya Bhawan South Gate of Vidya Niketan School Sheikhpura Bachicha
Ps- Shastri Nagar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Nurul Hoda, Adv.
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
Mr. Manoj Kumar Singh, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the opposite party
no. 2.
2. The petitioner apprehends his arrest in a complaint
case punishable for the offence under Section 420/34 of the
Indian Penal Code.
3. The informant, namely, Diwakar Narayan Upathyay
alleged that he agreed to supply medical test equipment to
petitioner for State of Bihar and started supplying, but due to
absence of bar code, provided by petitioner, necessary service
was not provided. The informant further alleged that the
petitioner sent defective machines worth Rs. 3,00,900/- and
Patna High Court CR. MISC. No.49721 of 2025(3) dt.22-06-2026
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after repeated requests, did not take back said machines.
Thereafter, on 02.03.2022 and 14.03.2022, petitioner along with
2-3 unknown persons came in the office of informant, abused
him and demanded the money of defective machines and also
threatened him with dire consequences.
4. Learned counsel for the petitioner submits that
from bare perusal of the complaint petition, it is apparent that
both parties have business terms and are well-known to each
other since long. Pursuant to an agreement entered into between
the parties, the opposite party no. 2 were purchasing laboratory
equipments from the petitioner’s firm and had been selling the
same to its customers in the State of Bihar and as per the
continuous business transactions, an amount of Rs. 4,41,200/-
was outstanding against the opposite party no. 2, however, on
repeated requests made by petitioner, the opposite party no. 2
refused to pay the same and ultimately, the petitioner was
compelled to file a civil suit in the Court of Ms. Renika Gera,
PCS, Civil Judge (Junior Division), Derabassi, vide CNR No.
PBSAB00002942022, CIS No. CS/213/2022, which was
decreed in favour of petitioner on 26.02.2026 (copy of judgment
is annexed as Annexure P/4 to the supplementary affidavit).
Petitioner claims clean antecedent.
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5. Learned counsel for opposite party no. 2 opposes
the prayer for anticipatory bail.
6. Considering the nature of accusation and order of
decree passed in favour of petitioner, the prayer for anticipatory
bail of petitioner is allowed. In the event of arrest/surrender
before the Court below within a period of eight weeks from
today, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
J.M. 1st Class, Patna in connection with Complaint Case No.
3766(C)/2022, subject to condition as laid down under Section
438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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