Patna High Court
Bimal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the allegations stem from a civil dispute and, given the pending writ petition and the project's near‑completion, the petitioners are entitled to anticipatory bail.
Summary
The petitioners, Bimal Kumar and Shilpi Shalini, directors of Anu Anand Construction, were implicated in a FIR alleging cheating under IPC sections 406, 420 and 34 for failing to deliver flats in the Sai Enclave project. They contended that the delay was due to RERA directives and that the matter was essentially a civil dispute, with a related writ petition (C.W.J.C. No.6154 of 2024) already pending before the same court. Seeking anticipatory bail, they argued that the project was near completion and that the criminal proceedings were unwarranted. The State opposed the bail, but the court noted the civil nature of the dispute and the ongoing monitoring of the project. Consequently, the court ordered the release of the petitioners on anticipatory bail with a bond of Rs 10,000 each, subject to Section 482(2) of the CrPC.
Issues considered
- Whether the allegations of cheating under IPC sections 406, 420 and 34 justify denial of anticipatory bail.
- Whether the dispute is civil in nature, rendering criminal prosecution inappropriate.
- Whether the pending civil writ petition and the near‑completion status of the project affect the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- cheating
- civil dispute
- real estate
- IPC
- CrPC
- RERA
- pending writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59587 of 2024
Arising Out of PS. Case No.-462 Year-2023 Thana- BUDDHACOLONY District- Patna
======================================================
1. Bimal Kumar S/o Anand Kishor Srivastava R/o Kumar Tower, 1st Floor,
Boring Road Crossing, P.S. Buddha Colony, District Patna.
2. Shilpi Shalini @ Smt. Silpi Shalini W/o Bimal Kumar R/o Kumar Tower, 1st
Floor, Boring Road Crossing, P.S. Buddha Colony, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Economic offence unit. Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
For the E.O.U. : Mr. V.N.P. Sinha, Sr. Advocate
Mr. Vijay Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
13 21-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Buddha Colony P.S. Case No. 462 of 2023
registered for the offences punishable under Sections 406, 420,
34 of the Indian Penal Code, 1860.
3. As per FIR, petitioners who are Director of M/s Anu
Anand Construction Private Limited and in same capacity started a
project of “Sai Enclave”, failed to provide flats to the informant
and others who booked the flat within assured time and, therefore,
Patna High Court CR. MISC. No.59587 of 2024(13) dt.21-01-2026
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the present FIR was lodged with allegation of cheating and other
allied criminal offences.
4. It is submitted by Mr. Patanjali Rishi, learned counsel
appearing on behalf of the petitioner that due to certain hardship
arising out of RERA directions etc., the flat in issue was not
constructed in time but it is almost at its fag end and certain issues
related with drainage, lift, common area are in process to redress.
It is submitted that the dispute is purely civil in nature, for which
this criminal implication is completely unoccasioned and
unwarranted.
5. Arguing further, it is submitted by Mr. Rishi that the
petitioners and several other persons who booked the flat is “Sai
Enclave Project” of Patna preferred a Writ Petition before this
Court which is pending as C.W.J.C. No. 6154 of 2024, where the
Court is periodically monitoring the over all completion progress of
the Project to safeguard the interest of the investors and the
persons who booked their flat in said project. It is submitted that in
view of same, the petitioners deserve anticipatory bail, where the
petitioner no. 2 is a lady.
6. Explaining criminal antecedent, it is submitted that
almost all persons who booked the flat under Sai Enclave Project
i.e. about 60-70 persons, lodged a separate criminal case/FIR
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against these petitioners and for said reason only their criminal
antecedent is of about 30 but same appears related with same
project.
7. Supplementary affidavit filed by the petitioners was
taken on record.
8. Learned APP opposed the prayer of bail.
9. Mr. Dhiraj Kumar Singh, learned counsel appearing
on behalf of the informant, while opposing the prayer of bail could
not disputed the aforesaid factual submission and fairly conceded
that these petitioners are also the party of C.W.J.C. No. 6154 of
2024. It is further submitted that still the several works like
drainage system, parking area, terrace, silent generator, second
lift, doors and windows are to be completed by the builders.
10. In view of aforesaid factual submissions and by
taking note of fact as primarily dispute between the parties are
civil in nature, where almost the completion of project is at its fag
end, coupled with the fact that over all completion progress of the
project in issue is separately monitored by one of the learned co-
ordinate Bench of this Court through aforementioned civil writ
petition, accordingly, both above named petitioners, in the event
of their arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released on bail
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furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-XVI, Patna/concerned Court,
where the case is pending in connection with Buddha Colony P.S.
Case No. 462 of 2023 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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