Patna High Court
Dipak ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was disposed of, directing the petitioner to approach the police with a rent agreement and representation for determination of his involvement.
Summary
The petitioner, Dipak Thakur, sought bail in a case (Chhatauni P.S. Case No. 539 of 2025) alleging offences under several sections of the B.N.S. for cheating unemployed persons by promising jobs. He claimed innocence, stating he was merely a landlord who had rented his house to Deepak Mahato, whose office was the alleged site of the crime, and that no rent agreement was mentioned in the FIR. The respondent's Assistant Public Prosecutor opposed the bail. The court, after hearing counsel, did not grant bail but disposed of the application, directing the petitioner to approach the police with a representation and the rent agreement so that the police can determine his involvement and take appropriate action. The order left the matter to be resolved by the police based on the submitted documents.
Issues considered
- Whether the petitioner is entitled to bail given his claim of non‑participation and landlord status.
- Whether the police should be directed to consider the rent agreement and representation before deciding on the petitioner's involvement.
Legislation cited
- B.N.S. — s. 127(2), 143(3), 318(4), 336(3), 338, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- cheating
- landlord
- rent agreement
- representation to police
- exoneration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91225 of 2025
Arising Out of PS. Case No.-539 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Dipak Thakur Son of late Jagarnath Thakur Resident of Village- Bara
Bariyarpur, P.S.- Chhatauni, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection
with Chhatauni P.S. Case No. 539 of 2025, registered for the
offence under Sections 127(2), 318(4), 338, 336(3), 143(3),
61(2) and 3(5) of the B.N.S.
3. The petitioner and others are accused of cheating
unemployed persons in the name of providing job. The name of
the petitioner has come in the F.I.R.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. He
further submits that the petitioner is a landlord and he has
nothing to do with the illegal activity. He further submits that he
has entered into an agreement with one Deepak Mahato and
given his house on rent where the office of Deepak Mahato was
Patna High Court CR. MISC. No.91225 of 2025(3) dt.26-02-2026
2/2
running and the alleged occurrence has taken place. The diary
was called for and in the diary there is no consideration about
the agreement between the petitioner and accused Deepak
Mahato
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. In these circumstances, this application is disposed
of with liberty to the petitioner to approach before the Police
.with a representation and rent agreement paper and if the Police
finds that the petitioner was landlord and was not involved in
the crime, then appropriate steps will be taken by the police for
exonerating the petitioner and if the Police finds that the
petitioner is involved in the crime then appropriate steps shall be
taken by the Police.
7. With the aforesaid observation and direction, this
application is disposed of.
(Sandeep Kumar, J)
Ranjeet/-
U T
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