Patna High Court
AMIT KUMAR PANDEYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is allowed, subject to specified conditions.
Summary
Amit Kumar Pandey was arrested in connection with a case registered under Sections 467, 468, 120, 406 and 471 of the Indian Penal Code for allegedly cheating an informant of Rs. 30 lakh. The petitioner claimed he had already paid the full amount, while the informant contended that Rs. 50,000 remained outstanding. The petitioner applied for anticipatory bail, arguing his innocence and that the dispute over payment had been settled. The State and the informant opposed the bail, emphasizing the pending criminal charges and the alleged unpaid sum. After hearing both sides, the Court allowed the bail application, granting anticipatory bail on the condition of a Rs. 10,000 bail bond with two sureties and the production of a Rs. 25,000 demand draft in favour of the informant.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite pending charges under the IPC for cheating and related offences.
- Whether the dispute over the alleged unpaid amount affects the grant of bail.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Indian Penal Code — s. 120, 406, 467, 468, 471
Subjects
- anticipatory bail
- cheating
- Indian Penal Code
- bail conditions
- criminal procedure
- disputed payment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61094 of 2023
Arising Out of PS. Case No.-430 Year-2023 Thana- ARA NAGAR District- Bhojpur
======================================================
Amit Kumar Pandey Son Of Late Mahendra Pandey R/O Village - Ashirwad
Bhawan, Anand Nagar, Ram Bag, Ps- Ara Town, Dist- Bhojpur At Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan
For the Opposite Party/s : Ms. Sucheta Yadav
For the Informant : Mr. Ataul Haque
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 26-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Ara Town P.S. Case No. 430 of 2023 registered for offences
under Sections 467, 468, 120, 406 and 471 of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
accused of cheating the informant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner has paid the entire amount
in dispute to the informant.
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5. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
The learned counsel for the informant submits that Rs. 50,000/-
is still due from the petitioner.
6. I have heard the submissions of the parties and
perused the case records. The total amount in dispute between
the petitioner and the informant is Rs. 30 lakhs, out of which the
petitioner claims to have paid the entire amount, while the
Opposite Party No. 2 disputes this.
7. In these circumstances, the application is allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Ara Town P.S. Case No. 430 of 2023 subject to the conditions as
laid down under Section 482(2) of the BNSS and with further
condition that:-
(I). At the time of furnishing the
bail bonds, the petitioner shall produce a
demand draft of Rs. 25,000/- in the name of
the informant. The bail bonds shall be
accepted only upon production of the
aforesaid demand draft, which shall then be
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released in favour of the informant by the
Court below. In default thereof, appropriate
orders shall be passed by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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