Patna High Court
Buggy Thakur @ Pawan Thakur @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Ranjit Kumar, was arrested in a complaint alleging cheating under Section 420 of the IPC for failing to return an advance of Rs. 11,19,666 and for issuing dishonoured cheques in a land sale agreement. He claimed the matter was purely contractual and civil, with no criminal intent, and had no prior criminal record, having been in judicial custody since 13‑12‑2025. The State and complainant opposed bail, presenting the agreement and alleging fraud. The court observed that the dispute centered on a civil contract for sale of land and that the appropriate remedy lay in a civil suit, not criminal prosecution. Considering the lack of antecedents and the civil nature of the dispute, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 420 IPC where the underlying dispute appears to be civil in nature
- Whether the alleged dishonour of cheques and failure to return advance amount constitute an offence warranting denial of bail
Legislation cited
- Indian Penal Code — s. 420
Subjects
- bail
- Section 420 IPC
- cheating
- civil contract
- advance payment
- dishonoured cheques
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8894 of 2026
Arising Out of PS. Case No.-210 Year-2024 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Ranjit Kumar @ Ranjeet Kumar S/O Late Kapildeo Mistry R/O Village-
Amajhari, P.S- Sirdalla, Distt.- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kapildeo Mistry S/O Late Jago Mistry R/O Village- Karigidhi, P.O- Ram
Chack, P.S- Sirdalla, Distt.- Nawada, At present Pocket-25, Khori Gaown,
Church Colony, Lakkarpur Surajkund, P.S- Sirdala, Distt.- Faridabad,
Hariyana.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the complainant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 420 of Indian
Penal Code.
3. The case of the prosecution is that there was an
agreement between the petitioner and the complainant. It is
alleged that a sum of Rs. 11,19,666/- was given as advance and
in the agreement itself, it is detailed that the petitioner has also
issued cheques of the said amount.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.8894 of 2026(3) dt.24-03-2026
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counsel for the petitioner has submitted that the relationship
between the petitioner and the complainant is that of contractual
relationship. Petitioner has not cheated in any way to the
complainant. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
13.12.2025.
5. Learned APP appearing for the State and learned
counsel for the complainant have vehemently opposed the
prayer of regular bail. Learned counsel for the complainant has
filed agreement by way of counter affidavit. He has further
stated that the petitioner has issued cheques to the complainant
which were dishonoured and this way, he has cheated the
complainant.
6. In any view of the matter, it is admitted position in
this case that there has been an agreement between the parties
for sell of land and it is also admitted that the complainant has
advanced rupees eleven lakhs and odd. The petitioner neither
returned the said money nor executed the sale deed. It is out and
out contractual relationship and the dispute is also of civil
nature. Remedy, if any, for the complainant is available in the
civil court.
Patna High Court CR. MISC. No.8894 of 2026(3) dt.24-03-2026
3/3
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Complaint Case No. 210 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Nawada.
(Ashok Kumar Pandey, J)
shubham/-
U T
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