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Patna High Court

Raj Kumar Sah @ Raju KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application was dismissed as the court found a prima facie case against the petitioner.

Summary

The petitioner, Raj Kumar Sah, sought anticipatory bail fearing arrest in a case alleging criminal breach of trust (IPC s.406) and cheating (IPC s.420) related to unpaid dues from a grain transaction. The prosecution alleged that the informant, Satya Prakash, supplied GST documents and witness testimony showing that the petitioner had not paid for the supplied gram, amounting to a debt of Rs. 26,19,320. The petitioner contended he had already paid Rs. 18,88,000 and that no documentary evidence proved the alleged cheating, also asserting a clean antecedent. The State opposed the bail application. The court examined the evidence presented by the prosecution, found it sufficient to proceed, and consequently dismissed the anticipatory bail application, recalling the earlier interim order dated 20.02.2022.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under IPC sections 406 and 420
  • Whether the evidence presented by the prosecution establishes a prima facie case of cheating and criminal breach of trust

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • IPC
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54915 of 2025
                      Arising Out of PS. Case No.-256 Year-2024 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Raj Kumar Sah @ Raju Kumar S/o Late Moti Sah R/o vill- Ward No- 7, Bari
                 Kali Asthan, Khushroopur, P.S.- Khushroopur, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar Sinha
                 For the Opposite Party/s :       Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   07-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Khushroopur P.S. Case No. 256 of 2024

                   registered for the offence under Sections 406, 420 of I.P.C.

                                   3. As per the prosecution case, informant, Satya

                   Prakash, a resident of village Khushroopur Bhushki, was

                   engaged in the business of purchasing Gram through his firm,

                   Akash Trading Company, with the petitioner, Raj Kumar Sah,

                   proprietor of Shiv Arti Traders, since April 2023. The

                   outstanding dues accumulated to Rs. 26,19,320/- as on

                   05.02.2024, upon demand whereof, the petitioner contended that

                   a sum of Rs. 18,88,000/- had already been paid on 05.11.2023

                   against approximately 32 tonnes of Gram dispatched on
              Patna High Court CR. MISC. No.54915 of 2025(6) dt.07-04-2026
                                                          2/2




                        23.09.2023.

                                        4. It has been submitted by the learned counsel for

                        the petitioner that the petitioner is innocent and no chit of paper

                        has been produced by the informant about the supply of the

                        goods for which he says that he has not been paid and has been

                        cheated. Petitioner has clean antecedent.

                                        5. Learned counsel for the informant has produced

                        the documents including the G.S.T documents and the witnesses

                        who have unloaded the goods, tractor driver etc. have supported

                        the prosecution case.

                                        6. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        7. Considering the aforesaid facts, this application

                        is dismissed.

                                        8. The interim order dated 20.02.2022 is hereby,

                        recalled.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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