Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the application for bail is allowed as the case appears to be a business dispute rather than a genuine criminal offence.
Summary
The petitioner, Rahul Kumar, sought bail fearing arrest in Complaint No. 9092 of 2023 filed under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The prosecution alleged that the petitioner, a former business partner, cheated the complainant, while the petitioner contended that the dispute was purely commercial and that he had been falsely implicated. The petitioner’s counsel highlighted that both parties have pending civil suits and counter‑claims regarding bounced cheques, indicating a business conflict rather than a genuine criminal offence. The Court examined the complaint and the material on record and concluded that the matter appears to be a business dispute given colour of criminality. Accordingly, the Court allowed the bail application, directing the petitioner to furnish a bond of Rs.10,000 with two sureties and to cooperate with the trial. The bail was granted subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the allegations under Section 406 IPC and Section 138 NI Act constitute a cognizable offence justifying denial of bail
- Whether the dispute is essentially a civil/business matter disguised as a criminal case, affecting the grant of bail
Legislation cited
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 406
- Negotiable Instruments Act — s. 138
Subjects
- bail
- criminal breach of trust
- cheque bounce
- business dispute
- civil dispute
- Section 438 CrPC
- Section 482 CrPC
- IPC Section 406
- NI Act Section 138
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79927 of 2025
Arising Out of PS. Case No.-9092 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Rahul Kumar S/o- Devendra Kumar Sinha @ Devendra Singh R/v- Changar
PO and PS-Kankarbagh Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rohit Kumar S/o- Late Ramesh Prasad R/v- Bihari Kunj Makhaniya Kuan
Arya Kumar Road, Ps- Pirbahore Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr.Parmanand Pd. Nr. Sahi
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
For the O.P. No. 02 : Mr. Rahul Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-06-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 9092 of 2023 registered
for the offence under Section 406 of the Indian Penal Code and
under Section 138 of the N.I. Act.
3. As per the prosecution case, the petitioner and
the complainant were business partners and the petitioner is said
to have cheated the complainant.
4. It has been submitted by the learned senior
counsel for the petitioner that the petitioner is innocent and he
has falsely been implicated in this case. He further submits that
the petitioners were business partners in an agency of TVS
Patna High Court CR. MISC. No.79927 of 2025(6) dt.25-06-2026
2/2
company and there is case and counter case for bouncing of
cheques from both the parties. He next submits that the
petitioner has also filed a civil suit which is still pending and in
the same, the other side has also appeared.
5. From the reading of the complaint and the
materials available on record, the present appears to be a
business dispute between the parties and the same is given
colour of criminality.
6. In view of the above, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Complaint Case No. 9092 of 2023,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to co-operate in the trial.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.