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Patna High Court

Rakesh Kumar Singh @ Rakesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to a bond and verification of antecedents, as the allegations do not directly implicate him in receiving the money.

Summary

Rakesh Kumar Singh was implicated in a complaint alleging that he facilitated a payment of Rs.1,50,000 and four cheques to an accused who failed to deliver a tractor, leading to charges under IPC sections 420, 406 and 120(B). The petitioner contended that he had no involvement with the agency or the money and possessed a clean criminal record. The State opposed his bail, arguing the seriousness of the alleged offences. The Court examined the complaint and found that the payments were made directly to the second accused, with no evidence of the petitioner receiving any money. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to bail despite allegations under IPC sections 420, 406 and 120(B).
  • Whether there is sufficient evidence linking the petitioner to the alleged cheating and conspiracy.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC 420
  • cheating
  • criminal conspiracy
  • Section 482
  • Bihar High Court
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25809 of 2026
                      Arising Out of PS. Case No.-318 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Rakesh Kumar Singh @ Rakesh Singh S/o Late Kamta SIngh Resident Of
                 Village - Sirsa Biran, P.S. - Lalganj, Dist. - Vaishali.         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   22-04-2026                     Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Lalganj P.S. Case No. 318 of 2025, for

                   allegedly having committed offence under Sections 420, 406

                   and 120(B) of the Indian Penal Code.

                                   3. As per the prosecution story, which has been

                   lodged on the basis of the complaint filed by the complainant to

                   the effect that the accused no.1 came to the house of the

                   informant/complainant and told her husband to arrange some

                   money for purchasing a tractor. On the suggestion given by the

                   petitioner, the husband of the informant arranged Rs. 1,50,000/-

                   and he along with the informant and petitioner went to the

                   agency of the accused no.2 on 25.02.2024 where the accused

                   no.2 took 4 signed cheque of S.B.I. Branch, Kanti, Muzaffarpur

                   and Rs. 1,50,000/- from the informant and took the signature on

                   some blank paper and also took photographs of the informant
Patna High Court CR. MISC. No.25809 of 2026(2) dt.22-04-2026
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          and her husband in front of a tractor and assured that the tractor

          will be delivered in the evening. When the tractor was not

          delivered, the informant and her husband kept on asking the

          accused persons with regard to delivery of the contractor, but

          the same was not given. Finally a complaint case was filed

          before the Chief Judicial Magistrate at Vaishali vide Complaint

          Case No. 2525 of 2024 and the same was sent to the Police for

          enquiry. Finally the present case has been lodged on 04.07.2025.

                          4. The learned counsel for the petitioner submits

          that the petitioner is innocent and has got no concern either with

          the agency or its owner. From the allegation levelled in the

          complaint petition itself, it appears that the cash amount and the

          cheques were handed over to the accused no.2, who is the owner

          of the agency. The petitioner has got no concern with the money

          and no allegation of taking any money has been levelled against

          the petitioner. He further submits that the petitioner has got

          clean antecedent.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner.

                           6. Having heard the rival submissions and after

          going through the record, it appears that as per the allegation

          made in the complaint petition, the payments have been made to
           Patna High Court CR. MISC. No.25809 of 2026(2) dt.22-04-2026
                                                       3/3




                     the accused no.2 and even the cheques were handed over to the

                     accused no.2. Nothing was paid to the petitioner. Considering

                     the facts and circumstances of the case, let the petitioner, above

                     named, in the event of arrest or surrender within a period of six

                     weeks, be released on bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Additional Chief Judicial

                     Magistrate-VIII Cum Sub Judge-IX, Vaishali at Hajipur in

                     connection with Lalganj P.S. Case No. 318 of 2025, subject to

                     the conditions as laid down under Section 482(2) of the

                     B.N.S.S., with further condition:

                                  (1) 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

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioner. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T


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