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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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