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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted in the present case, subject to strict conditions, despite the pending allegations under the IPC.

Summary

Mukesh Kumar sought anticipatory bail after a complaint was lodged alleging that he, in collusion with others, cheated a complainant by promising railway employment and obtaining Rs. 7,43,000 by bank transfer and Rs. 20,000 in cash. The petitioner denied any wrongdoing, asserted clean antecedents, and offered to repay Rs. 2,94,000 in installments. The State opposed the bail application. The High Court, noting the general nature of the accusations, the petitioner’s clean record and his undertaking to deposit the amount, granted anticipatory bail with a bail bond of Rs. 10,000 and two sureties, imposing conditions including a cash deposit of Rs. 1,00,000 and staged payments of the remaining amount. The order was made under Section 482(2) of the Code of Criminal Procedure, without addressing the merits of the case. The bail is to remain in force for eight weeks from the date of the order, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted in a complaint case involving alleged offences under Sections 406, 420 and 504 IPC.
  • Whether the petitioner’s clean antecedents and willingness to deposit the alleged amount justify the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • IPC
  • Section 482
  • bail conditions
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65907 of 2025
                     Arising Out of PS. Case No.-149 Year-2021 Thana- MUNGER COMPLAINT CASE
                                                     District- Munger
                 ======================================================
                 Mukesh Kumar S/o Lakhan Paswan R/o Village - Kamruddinpur Chowk, P.S
                 - Muffasil (Singhaul), District - Begusarai

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar
           2.    Pradip Kumar S/o Nand Kishore Paswan R/o Mohalla - Shadipur, PWD
                 Quarter, Shah Jubair Road, Ambe Chowk, P.S - Kotwali, District - Munger

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Ashutosh Kumar Verma, Advocate
                 For the State          :       Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a complaint

                   case registered for the offence punishable under Sections 406,

                   420 and 504 of the Indian Penal Code.

                                3. As per complaint petition, it is alleged that this

                   petitioner, in collusion with other accused persons, by fraudulent

                   misinterpretation, induced the complainant to part with huge

                   amount of money on the false pretext of providing employment

                   in the Railways. It is alleged that Rs. 7,43,000/- was credited in

                   the account of the accused persons by the complainant and Rs.

                   20,000/- was paid in cash.
Patna High Court CR. MISC. No.65907 of 2025(4) dt.13-01-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. From bare perusal of the complaint

          petition it is apparent that the complainant parted with money

          for an illegal purpose and he cannot be allowed to urge that he

          has been cheated. No such occurrence, as alleged in the

          complaint petition, ever took place. However, it is submitted

          that at this stage, without admitting his guilt, petitioner is ready

          to deposit the amount allegedly transferred in the account of this

          petitioner, amounting to Rs. 2,94,000/- (Rupees two lakh ninety-

          four thousand), in easy installments. Petitioner claims clean

          antecedents.

                       5. On the other hand, learned A.P.P. appearing on

          behalf of the State has vehemently opposed the prayer for grant

          of anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, clean

          antecedents and aforesaid undertaking of the petitioner, prayer

          for grant of anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.
             Patna High Court CR. MISC. No.65907 of 2025(4) dt.13-01-2026
                                                         3/3




                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Judicial Magistrate 1st Class,

                       Munger in connection with Complaint Case No. 149C of 2021,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S., along with the following terms and conditions:

                                        “A. At the time of furnishing bail-bond Rs.
                                          1,00,000/- (Rupees one lakh) shall be
                                          deposited through cash in the Nazarat of the
                                          Civil Court, Munger.
                                        B. Rest amount i.e. Rs. 1,94,000/- (Rupees one
                                          lakh ninety-four thousand) shall be deposited
                                          in the Nazarat of Civil Court, Munger in two
                                          equal installments within a period of six
                                          months from the date of furnishing bail-
                                          bond.
                                        C. The aforesaid payment shall be subject to the
                                          final outcome of the case.
                                        D. If petitioner fails to comply the aforesaid
                                          direction of this Court, the learned Trial Court
                                          is free to cancel the bail-bond of the
                                          petitioner.”

                                      8. It is made clear that without going into the merit

                       of the case, the aforesaid order has been passed only for the

                       purpose of grant of bail.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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