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Patna High Court

Vidya Bushan ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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