Patna High Court
Balram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
The petitioner, Balram Kumar, was implicated in a case (Nadi P.S. Case No. 172 of 2025) alleging forgery and cheating under Sections 406 and 420 of the Indian Penal Code. He applied for anticipatory bail, claiming innocence and a clean antecedent, and expressed willingness to comply with any conditions. The State opposed the bail, highlighting specific allegations of fraud that caused financial loss to the informant. The High Court, after hearing both sides, declined to grant anticipatory bail, directing the petitioner to surrender within six weeks and to consider mediation for restitution. The trial court was instructed to decide the surrender‑cum‑bail application promptly without prejudice from the anticipatory bail denial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of fraud and cheating.
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- fraud
- IPC 406
- IPC 420
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22618 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Balram Kumar, Son of Surendra Ray, resident of Jethuli, P.S- Fatuha, District
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sripriya Sinha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Nadi P.S. Case No. 172 of 2025, dated 28.06.2025, lodged
under Sections 406 & 420 of the Indian Penal Code, pending
before the Court of J.M. 1st Class, Patna City.
3. As per the prosecution, FIR has been lodged against
the petitioner alleging that the petitioner prepared and used forged
documents and, by deceit, obtained money and a vehicle from the
informant in the name of land.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the antecedent of the petitioner is clean.
Counsel further submits that all the allegations levelled against the
petitioner are false and fabricated. Counsel also submits that the
petitioner is ready to comply with all conditions whatsoever that
may be imposed upon him.
Patna High Court CR. MISC. No.22618 of 2026(2) dt.16-04-2026
2/2
5. Learned APP for the State opposes the prayer for bail
of the petitioner and submits that it has been acknowledged in the
rejection order that, from the materials available in the case diary,
there are direct and specific allegations of fraud against the
present petitioner, which have resulted in financial loss to the
informant and his wife.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is hereby directed that the petitioner shall surrender
before the Trial Court within a period of six weeks from today. In
case the petitioner surrenders within six weeks and shows
willingness to pay the amount in question through the process of
mediation to be conducted by the Trial Court, the Trial Court is
directed to pass an order on his surrender-cum-bail application on
the same day, without being prejudiced by the fact that the
anticipatory bail of the petitioner has been rejected by this Court,
and the Trial Court shall pass orders on the merits of the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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