Patna High Court
Avinash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Avinash Kumar Singh was arrested on 19‑08‑2025 in a complaint alleging criminal breach of trust (IPC Sec. 406) and dishonour of a cheque (NI Act Sec. 138) after a complainant claimed he received Rs 20,17,000 for business and marriage purposes, of which only a small portion was returned and a cheque bounced. The petitioner contended he merely gave an undertaking on behalf of his family and had no direct involvement in the alleged misappropriation, asserting a clean criminal record. The prosecution opposed bail, arguing the petitioner had undertaken to return the money and posed a risk of tampering with evidence. The court examined the facts, noted the petitioner’s clean antecedent and lack of direct receipt of the funds, and ordered bail on a bond of Rs 10,000 with two sureties, imposing conditions of court appearance, non‑tampering, and verification of antecedents. The bail order was issued without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the accused in a case under IPC Section 406 and NI Act Section 138.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the petitioner’s alleged involvement warrants continued custody.
Legislation cited
- Indian Penal Code — s. 406
- Negotiable Instruments Act — s. 138
Subjects
- bail
- Section 406 IPC
- Section 138 NI Act
- criminal breach of trust
- dishonour of cheque
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84293 of 2025
Arising Out of PS. Case No.-985 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Avinash Kumar Singh S/O Dipnarayan Singh C/o- Ramcharan Sharan @
Chintu Singh, resident of - Postal Park, Road No. 5 A, Indra Nagar, Ram Vilas
Chowk, Near Shiv Parvati Community Hall, Post-GPO, P.S.- Jakkanpur,
District Patna, Bihar, Permanent Address- Village and Post-Chanda Kevatia,
P.S.- Bihiya, District- Bhojpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumari Puja D/O- Bhanu Pratap Singh Resident of opposite JKMT Inter
High School, Mahatma Gandhi Marg, Ward No. 21, Khagaria, P.O.and P.S.-
Khagaria, District- Khagaria, Current Address Purani Bus Stand, Mithapur,
P.S.- Jakkanpur, District- Patna, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranoy Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
For the Informant : Mr. Arbind Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-03-2026 Heard Mr. Pranoy Kumar, learned counsel for the
petitioner, Mr. Brajendra Nath Pandey, learned Additional
Public Prosecutor for the State as well as Mr. Arbind Kumar
Singh, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
19.08.2025 in connection with Complaint Case No. 985(c) of
2023 dated 28.01.2023 for the offences punishable under
Sections 406 of Indian Penal Code and 138 of N.I. Act.
3. According to prosecution case, it is alleged that
complainant gave Rs.20,17,000/- to the petitioner and his
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brother for the purpose of their business and marriage of their
sister. It was promised that money will be returned by
20.12.2022 and agreement dated 25.09.2021 was also executed
between the parties. Further, it is alleged that despite several
demands only Rs.17,000/- was returned and one cheque of Rs.5
lakh was given. The said cheque was deposited in bank it was
bounced as signature was not matched.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Infact the brother of the
complainant, namely, Abhishek Kumar had taken loan from
complainant and the petitioner had only given undertaking that
in case, the said Abhishek Kumar did not return the loan
amount, the family members of the petitioner will try to return
the amount to the complainant. It is next submitted that except
the aforesaid, there is no other allegation against the petitioner
and the petitioner is in custody since 19.08.2025.
5. The learned Additional Public Prosecutor for the
State as well as learned counsel for the Complainant have
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has given undertaking to the extent that
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petitioner shall return the amount in question.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and he did not take any amount
from the complainant and he had given only undertaking on
behalf of his family members, let the petitioner, above named,
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 learned ACJM-XI, Patna in connection with
Complaint Case No. 985(c) of 2023, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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