Patna High Court
Vidya Bushan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was denied as the court found no sufficient grounds to grant relief.
Summary
The petitioner, Vidya Bushan Chaudhary, sought anticipatory bail in a case (PS Case No. 123 of 2019) filed under Sections 406, 420 and 506 of the IPC alleging cheating involving Rs.15,00,000 on a non‑judicial stamp paper. The complainant, Gajendra Rai, claimed that the petitioner, a friend, received the money on 06‑11‑2017 but later demanded it back, leading to the complaint. The petitioner argued that the stamp paper was procured illegally and that the delay in approaching the court was due to the complaint’s late cognizance (filed in 2021). The State contended that the complaint was properly cognizable and that the petitioner’s belated application could not be entertained. The Court examined the delay, the nature of the allegations, and the statutory criteria for anticipatory bail and concluded that no relief could be granted. Consequently, the anticipatory bail application was rejected.
Issues considered
- What is the applicability of anticipatory bail under the circumstances of the case?
- Does the delay in filing the anticipatory bail application affect its grant?
- Whether the allegations under Sections 406, 420 and 506 IPC justify denial of anticipatory bail?
Legislation cited
- Indian Penal Code — s. 406, 420, 506
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- IPC
- delay in filing
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9913 of 2026
Arising Out of PS. Case No.-123 Year-2019 Thana- KOILWAR District- Bhojpur
======================================================
Vidya Bushan Chaudhary S/O Ramchandra Chaudhari R/O Khaira, P.S-
Sahar, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-02-2026 Heard Mr.Shiv Prasad Gupta, learned counsel for the
petitioner and the parties appearing for the other side.
2. The petitioner is apprehending arrest in connection
with Koilwar P.S. Case No. 123 of 2019 instituted under
Sections 406, 420, 506 of the Indian Penal Code lodged on
15.04.2019 by the informant, Gajendra Rai.
3. As per the complainant, it has been alleged that
both the complainant and the accused were friends and as he
wanted Rs.15,00,000/-, on a non-judicial stamp, the amount was
given to him on 06.11.2017 but he chose to look the other way
on demand. This followed the complaint in which cognizance
was taken on 15.01.2021 under section 406 and 420 of the IPC.
4. Learned counsel for the petitioner submits that both
were friends, a non-judicial stamp paper has been illegally
Patna High Court CR. MISC. No.9913 of 2026(2) dt.23-02-2026
2/2
procured on the basis of which, he has been implicated.
5. Learned counsel on the other hand representing the
informant submits that a perusal of the para-03 would show that
that he is an accused the same section in Ara Rail P.S. Case No.
152 of 2018. They were friends and he cheated the complainant
of Rs.15,00,000/-.
6. Learned APP, Mr. Jitendra Kumar Singh submits
that the complaint is the year 2019, cognizance taken in the year
2021 and the petitioner started moving before the Court only in
the fag end of the year.
7. Considering the submissions of the parties as also
the materials that are on record and the averment made therein,
no relief can be extended.
8. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U T
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