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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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