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Patna High Court

Raghunath PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner upon the condition of a Rs.10,000 bond and two sureties.

Summary

Petitioner Raghunath Pandey applied for bail in a case registered under Sections 406, 420, 467, 468 and 120(B) of the IPC, Sections 4 and 5 of the Price Chit Money Circulation Scheme Act, 1978 and Section 3 of the Bihar Protection of Interest of Depositors Act, 2002. The prosecution alleges that he, along with others, induced persons for employment and that he received Rs.10,000 from a complainant, Arti Kumari. The petitioner contended that his name does not appear in the FIR and is mentioned only in the confessional statement of co‑accused Ramashish Pandey, who had previously been granted bail. He has been in judicial custody since 26‑11‑2025. After hearing both sides, the Court found the petitioner's position similar to that of the co‑accused and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the allegations of criminal conspiracy and cheating.
  • Whether a mere reference to the petitioner in a co‑accused's statement suffices to justify continued detention.
  • Whether the bail conditions imposed are appropriate under the circumstances.

Legislation cited

Subjects

  • bail
  • IPC offences
  • criminal procedure
  • co‑accused statement
  • economic offences
  • depositors protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10560 of 2026
                  Arising Out of PS. Case No.-305 Year-2021 Thana- EKANGARSARAI District- Nalanda
                 ======================================================
                 Raghunath Pandey Son of Late Narayan Pandey Resident of village- Saidpur,
                 Ps- Fatuha, Dist- Patna                                 ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashi Chand Pandey, Advocate
                 For the Opposite Party/s :     Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   07-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Ekangarsarai P.S. Case No.305 of 2021 registered for the offence

                   punishable under Sections 406, 420, 467, 468 & 120(B) of the

                   Indian Penal Code and under Sections 4 & 5 of the Price Chit

                   Money Circulation Scheme Act, 1978 and under Section 3 of

                   Bihar Protection of Interest of Depositors Act, 2002.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others induced some persons for getting

                   them employment and from one such person, namely, Smt. Arti

                   Kumari took an amount of Rs.10,000/-.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that from perusal of the FIR it is clear that the name

                   of this petitioner does not find place in the FIR. The name of this

                   petitioner has surfaced on the statement of Ramashish Pandey.
            Patna High Court CR. MISC. No.10560 of 2026(4) dt.07-04-2026
                                                        2/2




                      Learned counsel for the petitioner has further submitted that there

                      is no allegation against him of taking any amount from anybody

                      rather his name has surfaced on the confessional statement of co-

                      accused Ramashish Pandey. It has further been submitted that the

                      said Ramashish Pandey has been granted bail by the learned Co-

                      ordinate Bench of this Court vide Cr. Misc. No. 4034 of 2022. The

                      case of this petitioner stands on similar footing. Learned counsel

                      for the petitioner has further submitted that the petitioner is

                      languishing in judicial custody since 26.11.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail 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 court of learned 1 st

                      Additional       Chief    Judicial      Magistrate,   Hilsa,   Nalanda   in

                      connection with Ekangarsarai P.S. Case No.305 of 2021.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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