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2026 Supreme(Online)(Pat) 3716

PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
Vikash Kumar @ Bikash Kumar, Sushma Suman – Appellant
Versus
The State Of Bihar, Pushpalata Sharma – Respondent
CRIMINAL MISCELLANEOUS No.2524 of 2024



Advocates:
For the Appellants/Petitioners: Mr.Amrit Kumar
For the Respondents: Mr.Awadhesh Kumar Singh, A.P.P., Mr. BK Mishra

The court granted pre-arrest bail based on the absence of evidence for criminal charges and the civil nature of the dispute.

Headnote:Statute Analysis: The court considered the applicability of sections 420, 467, 468, and 471 of the IPC regarding the allegations against the petitioners. Facts of the Case: The petitioners took Rs.13.90 lacs to sell land to the opposite party but failed to execute the sale or return the money, leading to the complaint.

Findings of Court:
The court found that the petitioners were falsely implicated as a strategic response to a previous complaint against the opposite party.

Issues: The court framed the issue of the legitimacy of pre-arrest bail under charges of cheating.

Ratio Decidendi: The court reasoned that the absence of a signature on the agreement and the civil nature of the case justified granting bail.

Result: The prayer for bail is granted with specified conditions for the petitioners.

Table of Content
1. arguments presented regarding the innocence of petitioners. (Para 4)
2. court's decision to grant bail based on insufficiency of evidence. (Para 5 , 6)

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 29-01-2026 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under section 420, 467, 468 and 471 of the IPC.

3. As per prosecution case, vide agreement dated

17.5.2018, petitioners took Rs.13.90 lacs for selling a piece of land in favour of opposite party no.2. Later on, petitioners neither executed the land nor did they return the amount taken by them from opposite party no.2.

4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. Present case is counter blast of Complaint Case No. 250C/2021 instituted by petitioner no.1 against opposite party no.2 and in order to pressurize petitioners to withdraw the said complaint, instant case has been lodged. There is no signature of opposite party no.2 on the agreement. Moreover, case is of civil nature. Petitioners happen to be second party (Proposed transferee) to the agreement and opposite party no.2 has been shown as first party in the said document. Petitioners claim clean antecedent.

5. Learned counsel for the State and the opposite party no.2 oppose the prayer for pre-arrest bail.

6. Considering the aforesaid facts of the case, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Patna Sadar in Complaint Case No. 4490 of 2022, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

(Prabhat Kumar Singh, J)

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