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Patna High Court

AMIT KUMAR PANDEYversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.61094 of 2023(9) dt.26-02-2026
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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
            Patna High Court CR. MISC. No.61094 of 2023(9) dt.26-02-2026
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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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