Patna High Court
Debnath Mukherjee @ Deo Nath MukharjeeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is allowed.
Summary
Debnath Mukherjee was arrested in connection with a complaint alleging cheating, criminal breach of trust, forgery and criminal conspiracy under IPC sections 406, 420, 467, 468 and 120(B) relating to a dispute over the sale proceeds of a flat. The petitioner claimed he was innocent, stating he was the son‑in‑law of the complainant and that the matter was a family dispute. The petitioner’s wife, Sangeeta Mukherjee, had earlier been granted bail by a coordinate bench. The State and the complainant opposed the petition for anticipatory bail. The High Court, after considering the facts, allowed the anticipatory bail application, directing the petitioner to furnish bail bonds of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC sections 406, 420, 467, 468 and 120(B).
- Whether the nature of the offences and the family dispute justify denial of bail.
- Whether the conditions of Section 482(2) of the BNSS permit the grant of anticipatory bail in this case.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 120B, 406, 420, 467, 468
Subjects
- anticipatory bail
- cheating
- IPC sections 406 420 467 468 120B
- family dispute
- sale of property
- bail bond
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67854 of 2025
Arising Out of PS. Case No.-7835 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Debnath Mukherjee @ Deo Nath Mukharjee S/O Late B.N. Mukherjee @
Baidyanath Mukherjee Resident of Flat no. 402, Shubham Samridhi
Complex, Vishweshraiya Nagar, Police Station- Rupaspur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kabita Roy W/O Late Bijoy Roy R/O Flat No. 202, Shantikunj Apartment,
Nandanpuri Colony, Jagdevpath, P.S- Shastri Nagar, Distt.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan
For the Opposite Party/s : Ms. Anita Kumari
Mr. Sanjay Sinha
Mr. Aftab Alam Siddiqui
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 15-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the complainant.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 7835(C) of 2023 for offences punishable
under Sections 406, 420, 467, 468 and 120(B) of the IPC.
3. As per the prosecution case, the petitioner is
accused of cheating the complainant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is the son-in-law of the
complainant and there is some dispute with regard to the sale
Patna High Court CR. MISC. No.67854 of 2025(4) dt.15-01-2026
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proceeds of a flat. The co-accused Sangeeta Mukherjee who is
the wife of the petitioner has been granted bail by a co-ordinate
Bench of this Court vide Cr. Misc. No. 85287 of 2025 dated
17.12.2025.
5. Learned APP for the State and the learned counsel
for the complainant have vehemently opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, this application for anticipatory bail stands allowed.
7. 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 concerned
Court below, Patna in connection with Complaint Case No.
7835(C) of 2023 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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