Patna High Court
Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Anshu Kumar, applied for anticipatory bail in a case (PS Case No.26 of 2023) alleging offences under sections 406 and 420/34 of the Indian Penal Code, involving alleged misappropriation of Rs.36.8 lakh and bounced cheques amounting to Rs.12 lakh. The prosecution alleged that the petitioner took money for a flat sale but neither executed the sale deed nor returned the amount, and also issued cheques that later bounced. The petitioner also has two prior criminal antecedents and is accused in two other criminal matters. The Court examined the seriousness of the allegations, the petitioner’s criminal history, and the risk of tampering with evidence or influencing witnesses. Concluding that the nature of the allegations and the petitioner’s antecedents warranted denial of bail, the Court dismissed the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under sections 406 and 420/34 IPC and his prior criminal antecedents
Legislation cited
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- IPC
- bail denial
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81097 of 2025
Arising Out of PS. Case No.-26 Year-2023 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Anshu Kumar Son of Akhilesh Kumar@ Akhilesh Kumar Singh Resident Of
Village- Arrah, Po- Bhadwar, Ps- chandi, Dist- bhojpur Bihar
... ... Petitioner
Versus
1. The State of Bihar
2. Praveen Kumar son of Manoj Kumar Singh Resident Of Village- and Ps-
Kundwa, Dist- East champaran
3. Manoj Kumar Singh, S/o Late Ramlochan Singh , R/o Barwa Khurd, P.S.
Kundwa Chainpur, District East Champaran
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Kumar Singh, Advocate
For the State : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application for anticipatory bail arises
out of Kundwa Chainpur P.S. Case No.26 of 2023 for the
offence under sections 406 and 420/34 of the Indian Penal Code.
3. The allegation against the petitioner and
other accused persons is that they have taken Rs.36,80,000/-
from the informant towards the consideration amount of a flat in
an apartment but neither they executed the sale deed nor
returned the aforesaid amount. It is also alleged that the accused
persons issued several cheque totaling about Rs.12,00,000/- but
Patna High Court CR. MISC. No.81097 of 2025(4) dt.13-03-2026
2/2
the same were bounced. The petitioner has two criminal
antecedents also.
4. Considering the nature of allegation levelled
against the petitioner and also the fact that he is accused in two
more criminal cases, I am not inclined to grant anticipatory bail
to the petitioner. Accordingly, this bail application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…