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2025 Supreme(Online)(Pat) 4683

PATNA HIGH COURT
S. B. Pd. Singh, J
Gagan chaudhary @ Gagan Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.85587 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Mayank Bilochan
For the Respondents: Mr.Manoj Kumar

Anticipatory bail granted in fraud-related offenses based on civil nature of the case.

Headnote:The petition for anticipatory bail was filed under Sections 406, 419, 420, 120

(B) & 384 of the IPC concerning allegations of fraud in a land transaction. The court found the case to have civil aspects and granted bail. The petitioner is to surrender within four weeks and will be released upon fulfilling the bail conditions. The essence of the order reflects upon the nature of the offenses and the context of the allegations against the petitioner.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 406 , 419, 420, 120(B) & 384 of Indian Penal Code .

3. The prosecution case, in brief, is that the petitioner, in connivance with other co-accused persons, induced the informant to purchase land at a concessional rate and, on that pretext, received a total sum of Rs. 81,55,000/- (eighty one lakh fifty five thousand rupees)

from the informant on different dates through account transfers as well as cash, purportedly on behalf of the landowners. It is further alleged that despite receiving the said amount, the petitioner neither executed the sale deed as promised nor returned the money. It is alleged that the petitioner has acknowledged the receipt of Rs. 68,20,000/- (sixty eight lakh twenty thousand rupees)

from the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that the informant has instituted the present case by concealing the facts, with an ulterior motive to pressurize the petitioner and other accused persons to extract money to which the informant is not entitled. It is further submitted that the petitioner has also lodged a case against the present informant, being K. Hat P.S. Case No. 351 of 2025, arising out of the same monetary dispute. Learned counsel further submits that the petitioner has already executed two sale deeds in favour of the informant. He also submits that the petitioner is ready and willing to refund an amount of Rs. 27,00,000/- (twenty seven lakh rupees) to the informant, provided the informant return the land in question to the petitioner by executing appropriate sale deeds.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above as well as considering the civil nature of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with K. Hat P.S. Case no. 350 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).

(S. B. Pd. Singh, J)

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