Patna High Court

Laxmi Devi @ Laxmi Kumar @ Laxmi KumariversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Laxmi Devi, feared arrest in a criminal case (PS Case No. 394 of 2023) alleging cheating, criminal breach of trust, intimidation, and criminal conspiracy under Sections 420, 406, 504, 506 and 34 of the IPC. The prosecution alleged that she and co‑accused took Rs.5,00,000 and refused to execute a sale deed, but counsel argued that the cheating allegation was directed only at her husband, Shobhraj Gupta, and that the petitioner’s name does not appear on the deed nor did she receive any money. It was further contended that the dispute was essentially civil, suitable for a suit under the Specific Performance Act, and that the petitioner has a clean antecedent. The State opposed anticipatory bail. The Court, after considering the facts and the nature of the accusation, allowed the petition for anticipatory bail, directing that if arrested within eight weeks she be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
Whether the allegations against the petitioner are sufficient to deny anticipatory bail.
Whether the matter is a civil dispute that precludes criminal prosecution.

Legislation cited

Code of Criminal Procedure — s. 438
Indian Penal Code — s. 34, 406, 420, 504, 506

Subjects

anticipatory bail
cheating
IPC
civil dispute
Specific Performance Act
Section 438 CrPC
high court
Begusarai

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89539 of 2025
                 Arising Out of PS. Case No.-394 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Laxmi Devi @ Laxmi Kumar @ Laxmi Kumari W/o Shobhraj Gupta @

                 Guddu, D/o Naga Shah R/o Village- Bishanpur, Bandwar, Ward No.42, P.S-

                 Begusarai Town, Dist- Begusarai.



                                                                                 ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s     :      Mr. Abhishek Kumar , Advocate

                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsels for the parties.

                                 2. The petitioner apprehends arrest in a case registered

                   for the offence punishable under Sections 420, 406, 504, 506

                   and 34 of the Indian Penal Code .

                                 3 . As per prosecution case, it is alleged that despite

                   taking part consideration money amounting to Rs. 5,00,000/-,

                   this petitioner along with other co-accused persons refused to

                   execute the sale deed in favour of the informant.
Patna High Court CR. MISC. No.89539 of 2025(2) dt.10-02-2026
                                            2/3




                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that from bare perusal of the F.I.R. it is

          evident that specific allegation of cheating is against co-accused

          Shobhraj Gupta. Even the alleged agreement of sale does not

          bear the signature of this petitioner. There is no allegation that

          any of these petitioners received single penny from the

          informant. Petitioner has been made accused in this case only

          because she happens to be wife of co-accused Shobhraj Gupta .

          Moreover, the dispute involved in this case is of civil nature for

          which the informant as got alternative remedy of filing civil suit

          under Specific Performance Act. Petitioner claims clean

          antecedent.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          and nature of accusation, the prayer for grant of anticipatory bail

          to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.89539 of 2025(2) dt.10-02-2026
                                                        3/3




                      each to the satisfaction of learned Chief Judicial Magistrate ,

                      Begusarai, in connection with Begusarai Town P.S. Case No.

                      394 of 2023 , subject to condition as laid down under Section

                      438(2) of the Code of Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

Continue reading with your account

Checking your session…