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Patna High Court

Md. AftabversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.49721 of 2025(3) dt.22-06-2026
                                                       3/3




                                  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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