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Patna High Court

AKHILESH SAHversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a Rs. 10,000 bond and two sureties under Section 482(2) of the BNSS.

Summary

The petitioner, Akhilesh Sah, was named in a complaint (Case No. 240C of 2020) alleging cheating under Section 420 of the IPC for Rs. 39,900 related to a scheme of M/s Shobharan Multipurpose Society Ltd. Bank, where he acted as an agent. He contended that he merely facilitated the purchase of the policy and handed over the receipt and bond to the informant, and that the company's sudden closure made him a victim rather than a perpetrator. The State argued that the petitioner’s actions caused a loss of Rs. 80,000 to the complainant and his wife. The court, after considering the submissions, held that the petitioner, being an agent, could be released on bail provided he furnishes a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, bail was granted to the petitioner pending further proceedings.

Issues considered

  • Whether the petitioner, acting as an agent, is liable for the alleged cheating under Section 420 IPC.
  • Whether bail should be granted to the petitioner despite the alleged loss of Rs. 80,000.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are applicable for granting bail.

Legislation cited

Subjects

  • bail
  • cheating
  • IPC 420
  • agent liability
  • criminal miscellaneous
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59172 of 2023
                  Arising Out of PS. Case No.-240 Year-2020 Thana- WEST CHAMPARAN COMPLAINT
                                                District- West Champaran
                 ======================================================
                 Akhilesh Sah Son Of Sharma Kisun Sah Resident Of Village - Madhopur
                 Bariya, Police Station - Gaunaha, District - West Champaran

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar
           2.    Vipin Prasad Gupta Son Of Late Jagarnath Sah Resident Of Village - Semara
                 Shrirampur, Police Station - Gaunaha, District - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Milind Kumar Mishra
                 For the Opposite Party/s :   Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   27-01-2026                    Heard the parties.

                                2. The petitioner is named in the complaint case

                   and apprehending his arrest in connection with complaint

                   Case No. 240C of 2020 registered for the offences

                   punishable under Sections 420 of IPC.

                                3. The allegation against petitioner is to cheat

                   complainant for the amount of Rs. 39,900/- which was

                   receivable upon maturity of the scheme floated by M/s

                   Shobharan Multipurpose Society Ltd. Bank, where the

                   petitioner was the agent.
Patna High Court CR. MISC. No.59172 of 2023(6) dt.27-01-2026
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                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that petitioner was merely an

          agent and who after purchase of policy upon consent of

          the informant handover the entire receipt and bond policy

          to the informant. It is pointed out that the petitioner

          being agent himself is the victim of the circumstances as

          suddenly the management of aforesaid company closed

          its business at Narkatiyaganj. It is submitted that the

          petitioner is not a person to look over the management

          and affairs of the company. While concluding argument, it

          is submitted that petitioner is a man of clean antecedent.

                       5. Learned APP duly assisted by learned counsel

          for the informant while opposing the prayer of bail

          submitted that due to the act of petitioner, complainant

          suffered a loss of Rs. 40,000/- each for himself and his

          wife i.e. total of Rs. 80,000/-.

                       6. In view of aforesaid factual submission and by

          taking note of fact that as petitioner is the agent where

          the money, in issue, was admittedly deposited with M/s
              Patna High Court CR. MISC. No.59172 of 2023(6) dt.27-01-2026
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                        Shobharan Multipurpose Society Ltd. Bank, accordingly

                        petitioner above-named, in the event of his arrest or

                        surrender before the court below within a period of four

                        weeks, is directed to be released on bail, furnishing bail

                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of the

                        learned CJM, Bettiah, West Champaran /concerned Court,

                        where the case is pending in connection with complaint

                        Case No. 240C of 2020, subject to the conditions as laid

                        down under Section 482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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