Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted subject to a bail bond, sureties, and mandatory refund of the disputed amount.
Summary
Ashok Kumar, a wholesale medicine dealer, was alleged to have received medicines worth Rs. 30,675 from the complainant and failed to pay the amount, leading to a complaint under Section 406 of the Indian Penal Code. Anticipating arrest, the petitioner applied for anticipatory bail, stating his readiness to pay the due amount. The court considered the nature of the offence and the petitioner's willingness to make restitution. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner must furnish a bail bond of Rs. 10,000 with two sureties and refund the Rs. 30,675 to the complainant via demand draft. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a case of criminal breach of trust under Section 406 IPC.
- Whether the petitioner's willingness to pay the disputed amount suffices for bail.
- What conditions may be imposed while granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 406
Subjects
- anticipatory bail
- criminal breach of trust
- Section 406 IPC
- bail conditions
- refund
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71884 of 2025
Arising Out of PS. Case No.-3547 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Ashok Kumar S/O Vishwanath Verma Res OF Mohalla - Madhubani, P.S -
Bhatta Bazar, District- Purnea. Proprietor Nehal Agency (Wholesale Medicine
Dealer). Parmanent Res of Mohalla - Rajendra Nagar Madhubani, P.S-
Khazanchi Hat, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gauri Shankar Agrawal S/O Late Janua Prasad Proprietor of M/S Sripati
Enterprises, Jagat Narayan Road, P.S- Kadampuan, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P.
For the O.P. No. 2 : Mr. Indrajeet Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Heard learned counsel for the petitioner, opposite
party no. 2 and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 406 of the Indian Penal
Code.
3. As per prosecution case, this petitioner received
medicines worth Rs. 30,675/- from the complainant but failed to
pay him the said amount.
4. Learned counsel for the petitioner submits that
petitioner is ready to pay the amount of Rs. 30,675/- to the
complainant.
Patna High Court CR. MISC. No.71884 of 2025(3) dt.30-03-2026
2/2
5. Considering the aforesaid contention made on
behalf of the petitioner, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sub Judge-cum-
Additional Chief Judicial Magistrate-XIII, Patna in connection
with Complaint Case No. 3547(C) of 2015, subject to condition
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita with further condition that :
(i) Petitioner shall refund Rs. 30,675/- (Rupees Thirty
Thousand Six Hundred Seventy Five) through Demand Draft to
the complainant, at the time of furnishing bail-bond.
(Prabhat Kumar Singh, J)
Navya/-
U T
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