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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Rakesh Kumar, was arrested in connection with a complaint alleging cheating under Sections 406 and 420 of the IPC and a cheque‑bounce offence under Section 138 of the Negotiable Instruments Act. He had purportedly sold a parcel of land, taken an advance, but the land actually belonged to the Waqf Board and the cheques issued for refund were dishonoured. The petitioner claimed the matter was purely a civil dispute, that there was no entrustment or dishonest intention, and that the criminal proceedings were a misuse of process. The State and the complainant opposed bail, citing the petitioner’s three prior criminal antecedents. Considering the facts, the court found that bail was appropriate and ordered his release on bond with sureties, directing the trial court to expedite the trial.

Issues considered

  • Whether the ingredients of Sections 406 and 420 IPC are satisfied in the present case.
  • Whether the fresh cognizance order dated 16‑08‑2025 is valid.
  • Whether the criminal proceedings constitute a misuse of process given the civil nature of the dispute.
  • Whether bail should be granted to the petitioner despite prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • cheating
  • cheque bounce
  • civil remedy
  • misuse of process
  • Waqf property
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.84292 of 2025
                 Arising Out of PS. Case No.-8015 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Rakesh Kumar S/O Sri Bijendra Singh R/O Village- Madhopur, Police
                 Station- Didarganj, District- Patna

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Dharmendra Kumar son of Sri Shashi Kumar Yadav Resident of Village -
                 Chakaram, Ps- Budha Colony, Po- GPO, Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Raj Krishna Jha, Advocate
                 For the State          :       Mr. Ram Sevak Choudhary, APP
                 For the Complainant    :       Mr. Suraj Narain Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State as also learned counsel for the complainant.

                   Perused the case diary.

                           2.      The petitioner seeks bail in connection with

                   Complaint Case No. 8015(C) of 2023 instituted for the offence

                   under Sections 406 & 420 of the Indian Penal Code and Section

                   138 of the N.I. Act.

                           3.      The prosecution case, in brief, is that the petitioner

                   entered into an agreement to sell 925 sq. ft. of land to the

                   complainant for Rs. 38 lakhs, received Rs. 19 lakhs as advance,

                   and falsely represented that he had clear title and possession
Patna High Court CR. MISC. No.84292 of 2025(3) dt.20-02-2026
                                            2/3




          over the land. Despite repeated demands, the petitioner neither

          measured the land nor executed the sale deed, and it later came

          to light that the land belonged to the Waqf Board. When asked

          to refund the amount, the petitioner issued three cheques of Rs.

          5 lakhs each which were dishonoured due to insufficient funds,

          and even after legal notice, he failed to return the money.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 18.07.2025. Petitioner

          bears three (3) criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Learned counsel submits that the dispute relates solely to

          sale and purchase of land, for which a civil remedy is available,

          and the criminal case is a clear misuse of process of law. The

          fresh cognizance order dated 16.08.2025 was passed without

          any new evidence, amounting to an impermissible review

          beyond the jurisdiction of the Magistrate. No ingredients of

          Sections 406 or 420 of the IPC are made out, as there was

          neither entrustment nor dishonest intention from inception. It is

          submitted that the cheque was a blank security cheque, allegedly

          misused despite repayment of the entire amount, and at best the
           Patna High Court CR. MISC. No.84292 of 2025(3) dt.20-02-2026
                                                       3/3




                     case falls only under Section 138 of the N.I. Act. It is lastly

                     submitted that the criminal proceedings have been initiated only

                     to harass and pressurize the petitioner.

                              6.     Learned A.P.P. for the State and learned counsel for

                     the complainant have vehemently opposed the prayer for grant

                     of bail to the petitioner.

                              7.     Considering the aforesaid facts and circumstances

                     of the case and period of custody of the petitioner, this Court is

                     inclined to grant bail to the petitioner.

                              8.     Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Complaint Case No.

                     8015(C) of 2023.

                              9.     The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments, preferably within a period of four

                     months from the date of receipt/production of a copy of this

                     order.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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