Created by Fuzzy Cloud

Patna High Court

Avinash Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.84293 of 2025(3) dt.30-03-2026
                                            2/4




          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
Patna High Court CR. MISC. No.84293 of 2025(3) dt.30-03-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.84293 of 2025(3) dt.30-03-2026
                                                        4/4




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.