Anand Shankar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25077 of 2025 Arising Out of PS. Case No.-309 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Anand Shankar Tiwari S/o Sitaram Tiwari R/o Village- dMahadev Nagar, Mahuwa Bag, P.S.- Rupaspur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sobha Devi Wife of Sharad Chand Goarav @ Sharat Chand Gaurav R/o Village- New Mainpura, Saguna More, P.O. and P.S.- Danapur, DistrictPatna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv For the Opposite Party/s :

Mr. Satyendra Prasad, APP For the Informant :

Mr. Arvind Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Rupaspur P.S. Case No. 309 of 2024 registered for the offences under Sections 406 and 420 of the Indian Penal Code.

3. The petitioner is named in the F.I.R. and is in custody since 31.05.2024.

4. The allegation against the petitioner is to cheat informant to the tune of Rs. 10 Lakhs as he executed work to the extent of Rs. 20 Lakhs only for construction of a house of

Patna High Court CR. MISC. No.25077 of 2025(4) dt.07-08-2025 2/3 the informant for which Rs. 30 Lakhs was paid.

5. Learned counsel appearing on behalf of the petitioner submitted that admittedly petitioner under work contract constructed the house of the informant. It is pointed out that almost all work was completed and when the construction was in final stage for some petty issue, disputes were raised regarding payment, thereafter, it was alleged that work to the extent of Rs. 10 Lakhs was not completed by the petitioner and with aforesaid allegation petitioner is in custody for more than one year. It is submitted that petitioner found involved in two more cases of similar nature which lodged on instance of his sister. While concluding the argument it is submitted that investigation of this case has been completed long back, and as such, there is no chance of tampering with the evidence.

6. Learned APP duly assisted by learned counsel appearing on behalf of the informant, while opposing the prayer for bail submitted that petitioner intentionally cheat Rs. 10 Lakhs from informant and failed to construct the house in terms of agreement.

Patna High Court CR. MISC. No.25077 of 2025(4) dt.07-08-2025 3/3

7. In view of aforesaid factual submission and by taking note of fact as, prima-facie, it transpires that dispute is related with work contract qua construction of house of the informant, where petitioner was contractor, coupled with the fact as petitioner remains in custody since 31.05.2024, accordingly above named petitioner, is directed to be released on bail in connection with Rupaspur P.S. Case No. 309 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Class, Danapur, Patna/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T