Patna High Court

Umesh PathakversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The petitioner was granted regular bail subject to a bond and sureties.

Summary

The petitioner, Umesh Pathak, sought regular bail in a case where his son, Rupesh Kumar Pathak, was alleged to have defrauded an informant of about Rs. 42 lakh and issued bounced cheques, invoking Sections 406, 420, 120B of the IPC and Section 138 of the Negotiable Instruments Act. The petitioner claimed he was wrongly implicated solely because of his relationship with the accused son, who is a chartered accountant. The informant opposed bail, contending that the son had misappropriated large sums and was absconding. After hearing both sides, the court considered the nature of the offences, the petitioner’s lack of direct involvement, and the need to ensure his cooperation with the trial. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties and directed his release on bail, subject to conditions of cooperation and availability for the trial.

Issues considered

Whether the petitioner, who is not directly accused of the offences, is entitled to regular bail under the circumstances
Whether the nature of the alleged offences (cheating, criminal conspiracy, and dishonour of cheques) warrants denial of bail

Legislation cited

Indian Penal Code — s. 120B, 406, 420
Negotiable Instruments Act — s. 138

Subjects

bail
criminal law
cheating
criminal conspiracy
dishonour of cheque
IPC
Negotiable Instruments Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84632 of 2024
                     Arising Out of PS. Case No.-269 Year-2024 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Umesh Pathak S/O Gunanand Pathak R/O Mill Road, P.S.- Khagaria, District
                 Khagaria                                              ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar Patna
           2.     Madhu Raj S/O Late Rajendra Prasad R/O Village Nagar Palika Road PO
                  P.S. Khagaria Dist Khagaria                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Natraj Verma
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

7   31-01-2026                     Heard the learned counsel for the petitioner as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Khagaria P.S. Case No. 269 of 2024, registered for the

                   offences punishable under Sections 406, 420 and 120B of the

                   Indian Penal Code and Section 138 of the N.I. Act.

                                3. As per allegation, the petitioner is father of Rupesh

                   Kumar Pathak, who along with his wife, allegedly defrauded the

                   informant of approximately Rs. 42 lakhs. It is further alleged

                   that the cheques issued in favor of the informant subsequently

                   bounced.

                                4. The learned counsel for the petitioner has submitted

                   that Rupesh Kumar Pathak, the son of the petitioner, was a

                   chartered accountant engaged by the informant. According to
           Patna High Court CR. MISC. No.84632 of 2024(7) dt.31-01-2026
                                                       2/2




                     allegations, Rupesh Kumar Pathak allegedly defrauded the

                     informant of the amount and the petitioner has falsely been

                     implicated merely because he is the father of Rupesh Kumar

                     Pathak.

                                  5. On the other hand, the learned counsel for the

                     informant has opposed the prayer for bail and submitted that the

                     son of the petitioner has misappropriated crores of rupees from

                     different persons, including the informant and is still

                     absconding.

                                  6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release

                     the petitioner on bail on furnishing bail bonds of Rs.10,000/-

                     with two sureties of the like amount each to the satisfaction of

                     learned CJM, Khagaria/concerned Court in connection with

                     Khagaria P.S. Case No. 269 of 2024, subject to the following

                     conditions that the petitioner shall cooperate in the disposal

                     of trial and make himself available as and when required by the

                     court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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