Patna High Court
Roushan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Roushan Kumar Yadav, applied for anticipatory bail fearing arrest in a cheating case (Complaint No. 449C of 2023) where he is alleged to have defrauded Rs. 5,50,000 under IPC sections 406, 323 and 504. The prosecution alleges he cheated the informant by promising business profits. The petitioner claimed innocence and sought relief. The Patna High Court, after hearing, found the allegations sufficient to deny anticipatory bail. The application was dismissed, and the petitioner was ordered to surrender within four weeks and seek regular bail, with the court to consider the regular bail application on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations of cheating, criminal breach of trust, voluntarily causing hurt and intentional insult under the IPC.
Legislation cited
- Indian Penal Code — s. 323, 406, 504
Subjects
- anticipatory bail
- cheating
- Indian Penal Code
- criminal breach of trust
- regular bail
- Bihar
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90479 of 2025
Arising Out of PS. Case No.-449 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Roushan Kumar Yadav S/o- Gajendra Prasad Yadav R/v- Goriyar PS-
Tikapatti District- Purnia Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rajdev Rai S/o- Shankar Rai R/v- Shibu Tola Ps- Bhachwada Dist-
Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Vimal
For the Opposite Party/s : Mr.Anita Kumari
For the Informant : Mr. Sandip Kumar Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 449C of 2023 registered
for the offence under Sections 406, 323, 504 of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
said to have cheated Rs. 5,50,000/- from the informant on the
name of investing in a business for good profits.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case.
5. Considering the allegations of cheating levelled
Patna High Court CR. MISC. No.90479 of 2025(3) dt.27-02-2026
2/2
against the petitioner, this Court is not inclined to grant
anticipatory bail to the petitioner.
6. Accordingly, this application for anticipatory
bail is dismissed.
7. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Superintendent of Police, Begusarai will
take all steps for arrest of the petitioner. If the petitioner
surrenders and prays for regular bail then the Court below will
consider the same on its own merits without being prejudiced by
the fact that anticipatory bail application of the petitioner has
been dismissed.
8. Let a copy of this order this order be
communicated to the Superintendent of Police, Begusarai
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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