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Patna High Court

Debnath Mukherjee @ Deo Nath MukharjeeversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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