Created by Fuzzy Cloud

Patna High Court

Dipak ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.