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Patna High Court

Chandan kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner’s clean antecedent justified granting bail, subject to strict conditions.

Summary

The petitioner, Chandan Kumar, was in judicial custody for alleged offences under Sections 406, 420 and 120(B) of the IPC relating to a conspiracy to defraud a complainant of Rs. 3,01,000. The prosecution alleged that he, together with co‑accused, sold disputed land and retained the proceeds, while the defence claimed the petitioner has a clean antecedent, the FIR is fabricated, and the amount was returned to the complainant. The petitioner also highlighted that his father, a co‑accused, had been granted anticipatory bail. The court examined the seriousness of the charges against the petitioner’s personal history and the material before it. Considering the petitioner’s clean record and the circumstances, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding cooperation with the trial, non‑tampering of evidence, and verification of antecedents. The bail order was directed to be implemented by the JMFC, Saharsa.

Issues considered

  • Whether bail should be granted to the petitioner despite charges of criminal breach of trust, cheating and criminal conspiracy.
  • Whether the petitioner’s clean antecedent and alleged return of the money outweigh the seriousness of the offences.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • criminal conspiracy
  • Indian Penal Code
  • anticipatory bail
  • clean antecedent
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6701 of 2026
                    Arising Out of PS. Case No.-1068 Year-2022 Thana- SAHARSA COMPLAINT CASE
                                                     District- Saharsa
                 ======================================================
                 Chandan kumar S/O Sibu Sah R/O Village-Simraha, Ward no. 35, P.S. and
                 District- Saharsa

                                                                               ... ... Petitioner
                                                    Versus
           1.    The State of Bihar
           2.    Raja Ram Yadav S/O Late Siyalal Yadav R/O Village- Amha Tola Saprdaha,
                 Ward No.-8, P.S and Distt.- Supaul.

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Mishra, Advocate
                 For the Opposite Party/s :    Mr. Ajit Kumar, A.P.P.
                 For the Informant        :    Mr. Madhukar Mohan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                      Heard Mr. Pramod Mishra, learned counsel for the

                   petitioner, Mr. Madhukar Mohan, learned counsel for the

                   informant/complainant and Mr. Ajit Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   25.11.2025 in connection with Complaint Case No. 1068(C) of

                   2022 for the offences punishable under Sections 406, 420 and

                   120(B) of IPC.

                               3. The prosecution story, in brief, is that the petitioner

                   in conspiracy with others have defalcated a huge sum of money

                   i.e. about Rs. 3,01,000/- with the help of other accused persons

                   by selling the land in dispute on which already a title suit is
Patna High Court CR. MISC. No.6701 of 2026(3) dt.23-03-2026
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          pending in the court on that disputed land. As per allegation,

          petitioner along with other co-accused persons under a planned

          conspiracy cheated the complainant and tried to sell the disputed

          land for Rs. 14, 85,000/- and took Rs, 3,01,000/- in which Rs.

          2,50,000/- cash and Rs. 51, 000/- through cheque, he then asked

          the petitioners to return the money but they refused to return the

          money to the complainant. There are ample materials against the

          petitioners in the case dairy. Petitioner is in judicial custody

          since 29/11/2025. As per complaint petition and materials facts

          adduced by the prosecution, the allegations leveled against the

          petitioner is highly serious in nature and crime is against the

          civic society.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and is innocent and he has

          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that, in fact, the

          petitioner has returned the amount in question to the

          complainant and complainant after some time with ulterior

          motive has filed the present complaint case against the

          petitioner and the co-accused persons. The co-accused person
Patna High Court CR. MISC. No.6701 of 2026(3) dt.23-03-2026
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          person, namely Shibu Sah, who is happened to be the father of

          the petitioner, who has entered the agreement with the

          complainant has been granted anticipatory bail vide order dated

          26.02.2026 passed in Cr. Misc. No. 13116 of 2026. It is also

          submitted that, in fact, the complainant has given the amount

          aforesaid to the father of the petitioner and the petitioner has

          made an accused on the ground that he is son of the co-accused

          person and he has signed the agreement as witness.

                      5. The learned Additional Public Prosecutor and

          learned counsel for the informant, on the other hand, have

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner is a person with clean antecedent, let

          the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Court of

          JMFC, Saharsa in connection with                    Complaint Case No.

          1068(C) of 2022, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient
           Patna High Court CR. MISC. No.6701 of 2026(3) dt.23-03-2026
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                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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