Patna High Court
Amarjeet RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 420
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
Checking your session…