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Patna High Court

SHASHIKANT KUMARversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied due to the serious nature of the offences and the excessive delay in filing the application.

Summary

The petitioner, Shashikant Kumar, sought anticipatory bail in a case registered in 2014 under sections 406, 420, 467, 468, 471 and 311/34 of the Indian Penal Code for alleged cheating and forgery related to a promised tower installation. The prosecution alleged that the petitioner induced the complainant to part with Rs. 2,00,000 by promising income from the tower, which never materialised. The petitioner claimed innocence, but the application was filed a decade after the FIR, raising concerns of undue delay. The court examined the seriousness of the offences and the long lapse before seeking bail. Considering the gravity of the charges and the inordinate delay, the court declined to grant any relief and rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail can be granted in a case where the application is filed after a ten‑year delay
  • Whether the nature of the offences under sections 406, 420, 467, 468, 471, 311 and 34 IPC warrants denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • delay
  • IPC sections 406, 420, 467, 468, 471, 311, 34
  • criminal procedure
  • cheating
  • forgery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68261 of 2025
                     Arising Out of PS. Case No.-147 Year-2014 Thana- PIPRA District- East Champaran
                 ======================================================
                 SHASHIKANT KUMAR S/o Anirudh Kumar R/o Village- Marwa Mohan
                 (Devkuliya), P.S.- Phenhara, District- East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar, Adv.
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   11-02-2026                      Heard Mr. Anil Kumar, learned counsel for the

                   petitioner and the State.

                                2. The petitioner apprehends his arrest in connection

                   with G.R. 3476 of 2014 arising out of Pipra P.S. Case No. 147

                   of 2014 for the offence registered under sections 406, 420, 467,

                   468, 471 and 311/34 of the Indian Penal Code lodged on

                   01.08.2014 by the informant, Mukesh Kumar Singh.

                                3. As per the prosecution story, the allegation is that

                   luring the complainant of installation of tower on his house

                   which will create an income of Rs. 6,500/- plus 4,000/- to

                   anyone who serves as a Chowkidar there, Rs. 2,00,000/- was

                   taken away. However, neither the tower came nor the amount

                   returned which followed the complaint.

                                4. Though learned counsel for the petitioner tried to
           Patna High Court CR. MISC. No.68261 of 2025(3) dt.11-02-2026
                                                       2/2




                     impress upon this Court about the innocence of this petitioner,

                     learned APP has taken this Court to the complaint to show that it

                     is of the year 2014 and a decade later, the present anticipatory

                     bail application.

                                  5. Considering the submissions of the parties, the

                     allegation on record and the delay in approaching the Court, no

                     relief can be extended.

                                  6. The anticipatory bail application stands rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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