Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond, sureties, and verification of criminal antecedents under Cr.P.C. §§ 482(2) and 438(2).
Summary
The petitioner, Raushan Kumar, sought bail fearing arrest in a case alleging theft and cheating under IPC sections 379 and 420 and cyber offences under IT Act sections 66(C) and 66(D). The prosecution’s case was based on an informant’s report of unauthorized withdrawals from the petitioner’s bank account. The petitioner argued that he was not named in the FIR, that the matter had been compromised with the informant, and that he had been acquitted in four prior similar cases. The State opposed bail, labeling the petitioner a habitual offender with multiple pending cases. The Court, noting the compromise and lack of direct FIR naming, granted bail on condition of a Rs.10,000 bond, two sureties, and verification of criminal antecedents under Cr.P.C. §§ 482(2) and 438(2). The order also stipulated cancellation of bail if the petitioner concealed any antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite alleged involvement in theft, cheating, and cyber offences.
- Whether the existence of a compromise petition and prior acquittals outweigh the State’s claim of habitual offending.
- Whether the conditions imposed under Cr.P.C. §§ 482(2) and 438(2) are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 379, 420
- Information Technology Act, 2000 — s. 66(C), 66(D)
Subjects
- bail
- compromise
- habitual offender
- IPC
- IT Act
- CrPC
- criminal antecedent
- bank fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20277 of 2026
Arising Out of PS. Case No.-8 Year-2023 Thana- KHIRI MORE District- Patna
======================================================
Raushan Kumar son of Anand Kumar Resident of village- Makbulpur, P.S.-
Kinjar, Distt- Arwal, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Khirimore P.S. Case No.08 of 2023, for having allegedly
committed offences under Sections 379 and 420 of the Indian
Penal Code as well as Sections 66(C) and 66(D) of the I.T. Act.
3. As per the prosecution case lodged on the basis of
the written report of the informant, he withdrew Rs.3,000/- from
his A/c No.71230100043146 on 09.12.2022 and then on
13.12.2022, Rs.28,300/- was illegally withdrawn from his
account, without information.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the FIR and since he was made
accused in similar nature of cases, his name has cropped up
Patna High Court CR. MISC. No.20277 of 2026(2) dt.08-04-2026
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during investigation by the police only with a view to implicate
in the present case. It is further submitted that the petitioner is
owner of a hardware shop and he has got no concern with the
occurrence in question and moreover the matter has been
compromised in between the petitioner and the informant for
which a compromise petition has been filed before the court of
the learned Judicial Magistrate, 1st Class, Danapur and the same
has been brought on record vide Annexure-2 to the present
petition. The petitioner has got four criminal antecedent of
similar nature, however in all the cases, the petitioner has been
acquitted by the competent court.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail and submits that the petitioner is a habitual
offender and is accused in four criminal cases of similar nature.
6. Having heard the rival submissions of the parties
and taking into consideration that the matter has been
compromised in between the parties, let petitioner, above-
named, in the event of his arrest or surrender within a period of
six weeks, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Court No.1, Danapur, Patna in connection
Patna High Court CR. MISC. No.20277 of 2026(2) dt.08-04-2026
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with Khirimore P.S. Case No.08 of 2023, subject to the
conditions laid down under Section 482(2) of the
B.N.S.S./438(2) of the Cr.P.C with a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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