Petitioner sought pre-arrest bail in a complaint case for cheating and criminal breach of trust. The Court held the dispute was civil in nature, lacking allegation of fraudulent intention at the inception, and allowed bail.
Bail allowed subject to furnishing bail bond of Rs.10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5584 of 2024
Arising Out of PS. Case No.-2949 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna
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Prabhat Kumar Singh S/O Sri Brajbhushan Singh R/O Garhbanaili, Ghurdaur, P.S- Garhbanaili, Dist.- Patna.
... ... Petitioner
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Abhimanyu Deo, Advocate For the Opposite Party/s : Ms/Mrs. Rita Verma, Addl Public Prosecutor ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 17-02-2024
Patna High Court CR. MISC. No.5584 of 2024(2) dt.17-02-2024 2/2
civil nature and it does not give rise to a criminal prosecution for cheating, unless fraudulent and dishonest intention is shown at the beginning of the transaction. Opposite party no.2 has got other remedy available in law. Petitioner claims clean antecedent.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the complaint discloses offences under Sections 406 and 420 IPC or is a civil dispute?
2 provisions across 2 enactments
Prabhat Kumar Singh
The State Of Bihar
Shiv Shakti Industries (P) Ltd. Through Its Ajay Kumar Mishra
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
