Patna High Court
Raju SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court confirmed the provisional bail previously granted, holding that the existence of alternative civil remedies and the complainant’s non‑appearance do not preclude bail in this case.
Summary
The petitioner, Raju Singh, was charged under IPC sections 406, 420, 468 and 34 for allegedly receiving money on a promise to register a plot of land, which was later registered in another person's name. The petitioner contended that he never received any money and that no sale‑purchase agreement existed, arguing that the complaint was filed because the complainant chose not to pursue a police investigation. The complainant, Anwari Begam, did not appear in court and no vakalatnama was filed on her behalf. The State opposed the bail petition, citing the seriousness of the offences. The Court noted that the dispute primarily involved a monetary transaction for which civil remedies were available and that the complainant’s non‑appearance did not prejudice the petitioner's right to bail. Consequently, the provisional bail previously granted on 19‑12‑2025 by a coordinate bench was confirmed and the bail application was disposed of.
Issues considered
- What is the appropriate bail disposition in a case involving offences under Sections 406, 420, 468 and 34 of the IPC?
- Does the availability of alternative civil remedies affect the grant of bail?
- Does the complainant’s failure to appear and the absence of a vakalatnama bar the grant of bail?
Legislation cited
- Indian Penal Code — s. 34, 406, 420, 468
Subjects
- bail
- criminal breach of trust
- cheating
- forgery
- common intention
- civil remedy
- non‑appearance of complainant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72112 of 2025
Arising Out of PS. Case No.-1107 Year-2018 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Raju Singh S/O Late Bidesh Ray @ Bidesh Singh Resident of Village-
Diuliya, Post.- Rajapur, P.S- Kateya,Dist- Gopalaganj
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Anwari Begam Wife of Majbullah Mian Resident of Village- Kalyanpur,
P.S.- Bhore, Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh
For the Opposite Party/s : Mr.Sharda Kumari
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 10-02-2026 The present case has been posted for the appearance of
the Opposite Party No. 2/Complainant to whom the notices were
issued which was received personally by her. However, no
vakalatnama has been filed on behalf of the Opposite Party No.2.
2. Heard the learned counsel for the petitioner and the
learned APP for the State.
3. The petitioner seeks bail in a case registered for the
offence punishable under Sections 406, 420, 468 and 34 of the I.P.C.
4. As per the prosecution case, the matter relates to money
transactions on the promise of registry of a plot of land which was
subsequently not done in favour of the complainant and rather was
registered in the name of some one else.
5. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.72112 of 2025(4) dt.10-02-2026
2/2
the petitioner has never taken any money from the complainant and
there was no agreement between them for the sale and purchase of
the said land. Further, it is for this reason that a complaint case has
been filed and the Opposite Party No. 2 did not prefer a police case in
which an investigation would have been conducted.
6. Learned APP for the State opposed the bail petition.
7. Taking into consideration the facts and circumstances of
this case which relates to transaction of money for which other
alternative civil remedies are also available to the Opposite Party No.
2 who has also chosen not to appear in the present proceeding, the
provisional bail granted to the petitioner by way of an order dated
19.12.2025 passed by a co-ordinate Bench of this Court in Cr. Misc.
No. 72112 of 2025 stands confirmed.
8. Accordingly, the application stands disposed of.
(Soni Shrivastava, J)
vashudha/-
U T
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