Swapna KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9397 of 2026
                      Arising Out of PS. Case No.-287 Year-2025 Thana- BAHERA District- Darbhanga
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                 Swapna Kumar S/O Shatrudhan Lal Resident of Village- Laxmi Sagar,
                 Darbhanga, Police Station- University, District- Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

2   12-03-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Bahera Police Station Case No. 287 of 2025,

                   disclosing offences under Sections 316(2), 318(4) of the BNS,

                   2023 and Section 138 of the N.I. Act, 1881.

                                   3. As per allegation made in the complaint

                   subsequently converted into FIR, in 2024, the petitioner

                   representing “UNICEF Health Care and Higene India Care Pvt.

                   Ltd.” approached the complainant/informant to enter into a

                   business partnership. Accordingly, the complainant entered into

                   an agreement. As per the agreement, the complainant handed

                   over three cheques to the petitioner worth about Rs. 21 lakhs in
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          favour of UNICEF Health Care as security deposit, which were

          then transferred in the Company’s account of ICICI Bank. The

          said company sent cosmetic goods worth about Rs. 10,30,760/-

          however, the products/goods could not be sold within two

          months. When goods/products were not sold within two months,

          the company did not pay the promised rent for the warehouse,

          labour cost and commission in violation of the agreement. When

          the complainant/informant demanded his money back, the

          accused persons told to return the remaining goods. The

          complainant/informant returned the goods to the specified

          address of the company, but the accused persons failed to refund

          the amount of Rs. 21 lakhs, which was deposited as security

          money. Subsequently, three cheques via Courier were sent to the

          complainant and when the complainant produced the cheques

          for encashment, the cheques got bounced due to name

          mismatch. It has been alleged that the accused persons

          intentionally provided mismatched/faulty cheques to defraud the

          complainant.

                          4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case due to

          oblique motive and he has not committed any offence as

          alleged. The petitioner happens to be an employee/worker of
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          UNICEF Health Care and Higene India Care Pvt. Ltd. company

          which is owned by Tanya Sinha, Sanjay Das, and Paulmi. In the

          entire complaint, the only allegation agianst the petitioner is that

          the cheques were handed over to the petitioner, but admittedly

          the cheques were encashed in the bank account of the company.

          It has further been submitted that the informant entered into an

          agreement with the company for sale of its products, but due to

          market condition, the products were not sold and the dispute

          arose between the informant and the co-accused persons who

          were managing the company. The petitioner is not a signatory of

          the agreement. There was business relation between the

          company and the informant, and even if there is a breach of

          agreement by the co-accused persons, prima facie no offense

          under Section 316(2), 318(4) of the BNS, 2023, are made out.

          The cheques which were dishonoured were admittedly issued by

          one of the Directors of the Company namely Tanya Sinha.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the nature of

          allegation against the petitioner and the fact that there was

          business relation between the informant and the company and

          the petitioner is an employee of the company, I am inclined to

          grant the petitioner privilege of anticipatory bail.
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                                     6. This application is, accordingly, allowed.

                                     7. Let the petitioner, above named, in the event of

                     his arrest or surrender before the Court below within four

                     weeks, be released on bail on furnishing bail bond of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Additional Chief Judicial

                     Magistrate, Benipur, Darbhanga, in connection with Bahera

                     Police Station Case No. 287 of 2025, subject to the condition

                     laid down under Section 438 (2) of the Code of Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T