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2025 Supreme(Online)(Pat) 4693

PATNA HIGH COURT
S. B. PD. SINGH, J
Shatrudhan Pandey @ Shatrughan Pandey – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.86525 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Brij Kishor Mishra, Mr. Niraj Kumar Sharma
For the Respondents: Mr.Ram Priya Sharan Singh

The court denied anticipatory bail due to substantial evidence of cheating under IPC sections.

Headnote:This judgment addresses a petition for anticipatory bail under Sections 406, 420, 467, 468, 120

(B) IPC. The petitioner was accused of taking Rs. 7,00,000 from the complainant with a promise of future land sale, yet sold the land to someone else prior. The Court found direct allegations of cheating, leading to rejection of the bail application.

Table of Content
1. arguments about innocence and implications of civil dispute. (Para 4 , 5)
2. court's decision on bail based on evidence of cheating. (Para 6)

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 connection with Chanpatia P.S. Case no. 687 of 2022 instituted for the offence under Sections 406 , 420, 467, 468, 120(B) of the Indian Penal Code .

3. As per allegation in the FIR, petitioner took Rs.

7,00,000/- from the complainant on 25.05.2017 with a condition that if he fails to return the same till December, 2018, he will execute the land of his share in his favour, for which agreement was done on revenue ticket. It is further alleged that on 27.09.2019, petitioner sold two katha land by way of registered sale deed in favour of complainant but neither possession of the same was handed over to the complainant nor rest of the amount i.e. Rs. 5,98000/- was returned to him. Later on complainant came to know that petitioner had already sold the said land to one Sugandhi Devi on 22.04.2015 without handing over possession over it.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. This matter relates to civil dispute.

5. From the impugned order, it appears that petitioner had already sold the land in question to Sugandhi Devi on 22.04.2015 prior to selling the same land to the complainant on 27.02.2019. This offence shows the involvement of the petitioner under Sections 406 420, 467,468, 120B IPC. Investigation of the case is still going on.

6. Having heard learned counsel for the parties and considering the fact that there is direct allegation of cheating against the petitioner, this Court is not inclined to enlarge him on bail. Prayer for grant of anticipatory bail stands rejected.

Accordingly, this criminal miscellaneous application stands disposed of.

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