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Patna High Court

Amarjeet RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Amarjeet Rai applied for anticipatory bail after a complaint was lodged alleging that he, along with a co‑accused, conspired to defraud a partnership, obtain bank loans fraudulently and misappropriate partnership assets, offences punishable under Section 420 of the Indian Penal Code. The petitioner contended that the matter was essentially a civil partnership dispute, that he had no criminal intent and possessed a clean antecedent. The State opposed the bail, arguing the seriousness of the fraud allegations. The Court, after considering the nature of the accusation, the petitioner’s clean record and the civil character of the underlying dispute, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Section 420 IPC in a case arising from a partnership dispute
  • Whether the petitioner’s clean antecedent and the civil nature of the dispute justify bail despite the alleged fraud

Legislation cited

Subjects

  • anticipatory bail
  • Section 420 IPC
  • criminal conspiracy
  • partnership dispute
  • fraud
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91524 of 2025
                     Arising Out of PS. Case No.-2450 Year-2021 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Amarjeet Rai son of Sri Rajendra Rai Resident Of Village -Hilalpur Ps-
                 Industtrial Area, Dist- Vaishali

                                                                                ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Jai Nandan Prasad son of Rambriksh Rai Resident Of Village and Po-
                 Hilalpur Ps- Industtrial Area, Dist- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :     Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 420 of the Indian Penal

                   Code.

                                3. Complainant alleges that the accused persons,

                   under criminal conspiracy, induced the complainant into

                   partnership, fraudulently obtained bank loans and thereafter,

                   misappropriated partnership assets. It is further alleged that they

                   illegally assumed control of the business and ousted

                   complainant from the partnership.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. From bare
              Patna High Court CR. MISC. No.91524 of 2025(2) dt.19-01-2026
                                                          2/2




                        perusal of the F.I.R. it is apparent that dispute arises out of

                        partnership and has been given a colour of criminality.

                        Petitioner claims clean antecedent.

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

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and clean antecedent, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioner in the event

                        of his arrest/surrender before the court below within a period of

                        eight weeks from today, be enlarged on bail on furnishing bail-

                        bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Vaishali at Hajipur in connection with Complaint Case No. 2450

                        of 2021, subject to condition as laid down under Section 482(2)

                        of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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