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Patna High Court

Arvind KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

No offence is made out under the alleged facts, and bail is granted to the petitioner.

Summary

Arvind Kumar was charged under Sections 419, 406 and 420 of the Indian Penal Code for allegedly refusing to execute a sale deed after receiving Rs 44.70 lakh from the informant for land in Bihta. The parties had a written agreement to complete the sale within nine months, but the petitioner failed to obtain mutation of the land in his name and therefore did not execute the deed, citing a rise in land price. The informant filed a criminal complaint and a civil suit for specific performance, while the petitioner argued that the dispute was purely civil, that he was ready to return the money, and that mens rea was absent. The State opposed bail, asserting that the petitioner’s conduct demonstrated criminal intent. The High Court held that no offence was made out, noting the parallel civil proceedings, and consequently granted bail subject to conditions under Section 482(2) of the B.N.S.S 2023.

Issues considered

  • Whether the facts alleged constitute an offence under Sections 419, 406 and 420 IPC.
  • Whether bail should be granted to the petitioner pending trial.
  • Whether the civil dispute over the sale deed can be criminally prosecuted.

Legislation cited

Subjects

  • bail
  • cheating
  • civil dispute
  • specific performance
  • Indian Penal Code
  • Section 419
  • Section 420
  • Section 406
  • Section 482
  • civil‑criminal jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76372 of 2025
                          Arising Out of PS. Case No.-727 Year-2023 Thana- BIHTA District- Patna
                 ======================================================
                 Arvind Kumar S/o- Late Chandrika Singh Resident of village- Neuri, PS-
                 Neura (OP Bihta) Dist- Patna

                                                                                     ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar
           2.    Mukul Kumar S/o- Parasnath Sharma Resident of village- Neuri, PS-Neura
                 (OP Bihta) Dist-Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Ravish, Advocate
                 For the State            :        Mr. Upendra Kumar, APP
                 For the Informant        :        Dr. Anjani Pd. Singh, Advocate
                                                   Mr. Sunny Kumar, Advocate
                                                   Ms. Satakashi Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   23-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Bihta P.S. Case No. 727 of 2023, dated

                   16.07.2023, registered for the offences punishable under

                   Sections 419, 406 and 420 of the Indian Penal Code.

                                 3. As per allegation, the petitioner was in need of

                   money and willing to sell his land to the informant. Hence,

                   agreement for sale was executed with payment of Rs. 5,25,000/-

                   as earnest money. Subsequently, total Rs. 44,70,000/- including

                   the initial payment of Rs. 5,25,000/- has also been paid by the
Patna High Court CR. MISC. No.76372 of 2025(3) dt.23-02-2026
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          informant. However, despite demand of the informant for the

          last 6-8 months for registration of the sell of the land in

          question, the petitioner has not executed the sale deed in favour

          of the informant and he also flatly refused to do the needful.

                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. However, the petitioner has admitted that there was

          agreement of sale and Rs. 44,70,000/- was received from the

          informant towards consideration amount. However, for want of

          payment of total consideration amount within nine months

          stipulated in the agreement for sale, the petitioner has not

          executed the sale deed, because price of the land has gone up

          and this is not in the interest of the petitioner to execute the sale

          deed at the later stage. He also submits that suit for specific

          performance has been already filed by the informant in the Civil

          Court against the petitioner and the same is pending

          consideration of the Court. As such, as per learned counsel for

          the petitioner, the alleged facts and circumstances constitute a

          dispute of civil nature and only to harass the petitioner, the

          criminal color has been given to the civil dispute. He also

          submits that mens rea is sine qua non for making out any prima

          facie case under Sections 419 and 420 IPC and even there is no
Patna High Court CR. MISC. No.76372 of 2025(3) dt.23-02-2026
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          application of Section 406, because the petitioner is ready to

          return the whole money to the informant.

                       5. However, by way of reply, learned counsel for the

          informant submits that nine months’ time for execution of the

          sale deed was executed from the date of mutation and issuance

          of a revenue receipt in the name of the petitioner, but the same

          has not been done. However, the land has not been mutated in

          the name of the petitioner himself before selling it. As such,

          there is no lapse on the part of the informant and total

          consideration amount of Rs. 44,70,000/- has been already paid.

          But without any rhyme and reason, the accused-petitioner has

          not executed the sale deed and hence, mens rea is apparent on

          the part of the petitioner. He also submits that no reason has

          been given by the petitioner for his failure to get the mutation in

          his name and getting revenue receipt issued. Hence, there is no

          rhyme and reason on the part of the petitioner to deny the sale

          deed, because delay is on his part and this is breach of the

          contract making the petitioner liable for civil and criminal

          liability.

                       6. By way of reply, learned counsel for the petitioner

          submits that even if the petitioner has failed to get the mutation

          of the land in his favour, there is no commission of any offence
Patna High Court CR. MISC. No.76372 of 2025(3) dt.23-02-2026
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          of cheating or any other offence. Such facts and circumstances

          only extends the time for execution of the sale deed, but no

          offence would be made out.

                       7. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       8. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       9. However, learned APP for the State also

          vehemently opposes the prayer of the Petitioner for bail.

                       10. Considering the rival submissions of the parties

          and the alleged facts and circumstances, it appears that no

          offence is made out, though the time for execution of the sale

          deed is getting extended and both the parties are already before

          the Civil Court in regard to the same issue involved. Hence, this

          petition is allowed, directing the petitioner, above-named, to be

          enlarged on bail, in the event of his arrest or surrender before

          the court below within a period of eight weeks from the date of

          receipt / production of a copy of this order, on his furnishing

          bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          concerned Court below, in connection with Bihta P.S. Case No.
               Patna High Court CR. MISC. No.76372 of 2025(3) dt.23-02-2026
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                         727 of 2023, subject to the conditions as laid down under

                         Section 482 (2) of the B.N.S.S 2023, and on the following

                         conditions:

                                      (i) In case, it is brought to the notice of the court

                         below that the petitioner has any criminal antecedents, learned

                         court below shall cancel the bail bonds of the petitioner after

                         hearing him and getting satisfied that the petitioner has

                         concealed his criminal antecedents despite his knowledge of the

                         same.

                                      (ii) In case, it is brought to the notice of the court

                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.



                                                                       (Jitendra Kumar, J)
shoaib/-

U          T


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