Thursday, September 10, 2026

Supreme Court sets aside order by Patna High Court in a case Section 406, 420 of IPC from Buxar

In Dr. Keshar Naman Kumar Pandey @Keshar Naman Kumar Pandey@Kesh Nayan Pandey vs. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices Dipankar Datta and Sheel Nagu passed a 5-page long order dated September 10, 2026, wherein, it concluded: "5. The allegation against the appellant is that he collected money in lieu of assurance to arrange a job for the complainant and, thereafter, has been absconding. 6. It is admitted by the respondent-State of Bihar that investigation has already been completed, whereafter the chargesheet has been filed on 25th December, 2025. Since the investigation stood completed prior to passing of our earlier order dated 13th April, 2026, the appellant was not called upon to join investigation. This is what appears from paragraph 11 of the counter affidavit. 7. In such view of the matter, we are, thus, of the opinion that custodial interrogation of the appellant is not necessary and that there is sufficient ground for the appellant to be admitted to an order for grant of bail in anticipation of arrest. 8. Accordingly, the impugned judgment and order stands set aside." The opposite party no. 2 is Bir Bahadur Singh, a resident of Dhansoi, Buxar.

Earlier, in a 2-page long order dated March 10, 2026, Justice Sandeep Kumar of Patna High Court had concluded:"6. Considering the allegations levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 7. Accordingly, the application stands dismissed." Supreme Court has set aside the order by Justice Kumar. 

The petitioner had approached the High Court apprehending arrest in connection with Dhansoi P.S. Case No. 104 of 2024 instituted under Sections 420, 406 of the I.P.C. As per the prosecution case, petitioner is alleged to have cheated informant and six persons an amount of Rs. 13,18,500/- in the name of providing jobs. The counsel for the petitioner had submitted that the petitioner had not cheated anyone. He had clean
antecedent. APP for the State opposed the prayer for anticipatory bail of the petitioner. Justice Kumar had directed teh petitioner to surrender within four weeks from the date of the order and pray for regular bail, failing which the Superintendent of Police, Nalanda was directed to take all steps for arrest of the petitioner. 

Supreme Court observed that since the investigation is yet to conclude, "we direct that if the investigating officer calls upon the appellant to join the investigation, he shall do so by attending the police station. 13. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case." 

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