Patna High Court
Raj Kumar Yadav @ Raju Yadav @ RajkumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court set aside the denial of bail and granted provisional bail to the appellant subject to specified conditions.
Summary
The appellant, Raj Kumar Yadav, was charged under several sections of the Bihar Negotiable Instruments Act and the SC/ST (Prevention of Atrocities) Act for allegedly cheating the complainant, Amrita Devi, of Rs.3,90,000. The Exclusive Special Judge SC/ST, Gaya, had rejected his bail application. On appeal, the appellant offered to return the entire amount in ten installments and the complainant raised no objection. The Patna High Court, considering the appellant's willingness to make restitution and his continued custody since 26‑09‑2025, set aside the lower court’s order and granted provisional bail subject to a bail bond of Rs.10,000 with two sureties, an initial deposit of Rs.50,000 to the complainant, and the balance to be paid in nine installments within six months. The trial court was directed to confirm the bail only after the full amount is deposited as agreed.
Issues considered
- Whether provisional bail can be granted in a case involving offences under the Bihar Negotiable Instruments Act and the SC/ST (Prevention of Atrocities) Act when the accused offers restitution and the complainant does not object.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 336(3), 338, 340(2), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(i), 3(j), 3(k), 3(l), 3(m), 3(n), 3(o), 3(p), 3(q), 3(r), 3(s), 3(v)
Subjects
- bail
- provisional bail
- cheating
- restitution
- SC/ST Act
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5033 of 2025
Arising Out of PS. Case No.-323 Year-2025 Thana- CHANDAUTI District- Gaya
======================================================
Raj Kumar Yadav @ Raju Yadav @ Rajkumar S/o Late Grivar Yadav R/o vill
- Bangali Bigha, P.S.- Chandauti, Distt.- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Amrita Devi W/o Pappu Kumar R/o Mohalla - Amedkar Nagar, Police Line
Road, Rampur, P.S.- Rampur, distt.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the respondent/complainant.
2. The instant appeal has been filed by the appellant
against the order dated 21.11.2025 passed by learned Exclusive
Special Judge SC/ST, Gaya Ji whereby the prayer for bail of the
appellant in connection with Chandauti P.S. Case No. 323 of
2025 under Sections 338, 336(3), 340(2), 318(4) and 3(5) of
BNS and sections 3(i) (r) (s) v of SC/ST Act was rejected.
3. After some submissions, learned counsel for the
appellant has submitted that the appellant is ready to return the
alleged amount i.e., Rs. 3,90,000/- to the
respondent/complainant in ten installments. Moreover, the
Patna High Court CR. APP (SJ) No.5033 of 2025(2) dt.12-02-2026
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appellant is languishing in judicial custody since 26.09.2025.
4. Learned counsel for the respondent is present and
he has got no objection in accepting the above said offer.
5. From the perusal of the FIR also, it transpires that
the main allegation is that the respondent has been cheated by
the appellant of above sum amount.
6. Having heard learned counsel for the parties and
taking into consideration the fact that the appellant is ready to
return the entire amount to the respondent/complainant, the
Court is inclined to allow provisional bail to the appellant.
Accordingly, the impugned order dated 21.11.2025 is hereby set
aside.
7. The appellant is directed to be enlarged on
provisional bail in connection with Chandauti P.S. Case No. 323
of 2025 on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge SC/ST,
Gaya.
8. At the time of furnishing bail bonds, the appellant
will deposit/pay Rs. 50,000/- to the respondent/complainant and
rest amount will be paid in nine installments within six months.
9. As such, this application stands disposed of with a
Patna High Court CR. APP (SJ) No.5033 of 2025(2) dt.12-02-2026
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direction to the learned trial court to confirm the provisional bail
granted to the appellant only after ensuring that the appellant
has deposited the entire amount to the respondent/complainant
as agreed by him before this Court.
10. The bail bonds of the appellant shall be accepted
by the learned trial court on showing receipt of deposit of Rs.
50,000/- (Fifty thousand only) by the appellant in favour of
respondent/complainant.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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