Patna High Court
Shubham GuptaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
Holding
The Court denied pre‑arrest bail to the petitioner.
Summary
The petitioner, Shubham Gupta, applied for pre‑arrest bail in a complaint (Case No. CA‑1507/2022) alleging offences under Sections 420, 504 and 506 of the Indian Penal Code. The complaint arose from a dispute with the complainant, Krishna Kumar Sinha, and mediation attempts failed because the petitioner did not appear before the District Court as ordered. The petitioner argued that bail should be granted pending trial, while the State contended that the seriousness of the alleged offences and the petitioner's non‑compliance warranted denial of bail. The Court examined the petitioner’s conduct, the nature of the alleged offences, and the failure to adhere to the earlier court order. Finding that the ingredients of the three IPC sections were made out and that the petitioner’s conduct undermined confidence in granting bail, the Court refused the pre‑arrest bail application. The application was dismissed, though the Court noted that the parties could settle the dispute outside court if they wished.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner in a case involving alleged offences under Sections 420, 504 and 506 IPC given his failure to appear as ordered.
Legislation cited
- Indian Penal Code — s. 420, 504, 506
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 420
- Section 504
- Section 506
- bail denial
- criminal law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6671 of 2026
Arising Out of PS. Case No.-1507 Year-2022 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Shubham Gupta Son of Ashok Kumar Gupta Resident of Jhauganj, P.S.-
Chowk Patna City, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Krishna Kumar Sinha Son of Late Shyam Bihari Lal Resident of Mohalla -
Sriram Colony, Bengali Colony Road, P.S.- Patna City, District - Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
For the complainant : Mr. Satyam Ranjan Sinha, Advocate
Mr. Dhananjay Kumar, Advocate
Ms. Srishti Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-02-2026 Heard Mr. Subodh Kumar, learned counsel
appearing on behalf of the petitioner; Mr. Anant Kumar 1,
learned APP for the State and Mr. Satyam Ranjan Sinha along
with Mr. Dhananjay Kumar and Ms. Srishti Kumari, learned
counsels for the complainant.
2. The petitioner seeks pre-arrest bail in connection
with Complaint Case No. CA-1507/2022 registered for the
offence(s) punishable under Sections 420,504 and 506 of the
Indian Penal Code.
3. At the outset, it is informed by the respective
parties that the mediation between the petitioner and the
Patna High Court CR. MISC. No.6671 of 2026(2) dt.13-02-2026
2/2
complainant could not come to the effective terms and
conditions of settlement because the petitioner failed to appear
before the learned District Court on the date fixed after
09.09.2025 in spite of the conditions imposed by this Court vide
order dated 27.08.2025 passed in Cr. Misc. No.55228 of 2025.
4. Considering the conduct of the petitioner, as well as
the fact that, ingredients of Sections 420, 504 and 506 of the
Indian Penal Code are made out against the petitioner from the
allegation made in the complaint, I am not inclined to grant pre-
arrest bail to the petitioner. Accordingly, the present application
stands dismissed.
5. However, if the parties want to settle their dispute
outside the Court, they may do so.
(Purnendu Singh, J)
Sanjay/-
U T
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