Patna High Court
Adarsh ManuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with conditions, including payment of Rs.2,37,500 and compliance with Section 438(2) Cr.P.C. requirements.
Summary
The petitioners, Adarsh Manu and Ansh Miku, sought anticipatory bail after an FIR was lodged under Sections 319(2), 318(4) and 352 of the Bihar Negotiable Instruments Act alleging that they had taken Rs.6,25,000 from informant Nutan Kumari by promising admission of her son in a medical college, of which only Rs.1,48,000 was returned. The petitioners contended that the transaction was actually with their cousin Abhishek Anand and that they had not received any money, offering to pay half of the outstanding amount (Rs.2,37,500) as a compromise. The State opposed the bail, arguing that the petitioners could not escape liability merely because they were relatives of the alleged perpetrator. Considering the petitioners’ clean record, youth, and student status, the Court granted anticipatory bail subject to payment of the stipulated amount, a bail bond of Rs.10,000 each with sureties, and compliance with conditions under Section 438(2) of the Cr.P.C. The order also required the petitioners to cooperate with the investigation and refrain from tampering with evidence or committing further offences.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 of the Cr.P.C. to the petitioners accused of cheating under Sections 319(2), 318(4) and 352 of the Bihar Negotiable Instruments Act?
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 319(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- cheating
- fraud
- Section 319
- Section 318
- Section 352
- CrPC 438
- Bihar law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29577 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- WARISLIGANJ District- Nawada
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1. Adarsh Manu S/o Randhir Singh Rana R/o Village- Astha R.J Complex Flat
No. 104, NTPC Phase 1 Ramnagari, P.S- Rajeev Nagar, Distt- Patna
2. Ansh Miku S/o Randhir Singh Rana R/o Village- Astha R.J Complex Flat
No. 104, NTPC Phase 1 Ramnagari, P.S- Rajeev Nagar, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Shweta, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard Mrs.Shweta, learned counsel for the petitioner
and the State.
2. The petitioners are apprehending arrest in
connection with Warisliganj P.S. Case No. 31 of 2026
instituted under Sections 319(2), 318(4), 352 of BNS lodged on
17.01.2026 by the informant, Nutan Kumari.
3. As per the prosecution story, the informant alleged
that the accused persons assured the informant that her son will
be admitted in the Medical College and took Rs.6,25,000/- but
failed to do so.
4. Feeling cheated, the FIR.
5. Learned counsel for the petitioners submit that
from the FIR itself it shows that the transaction took place with
his cousin brother Abhishek Anand and out of Rs.6,25,000/-
Rs.1,48,000/- was returned. The rest amount of Rs.4,77,000/-
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has not been paid. Submission is that though the petitioners
have not taken a single penny, to show their bonafide, they are
ready to pay half of the amount i.e. Rs. 2,37,500/- by way of
Demand Draft to the lady.
6. Learned APP opposes the prayer submitting that
they being the cousin brothers of Abhishek Anand, cannot
exonerate themselves from the responsibility.
7. Taking into account the submissions of the parties
as also the fact that the two petitioners have no criminal
antecedent and are young students, in that background, this
Court is inclined to extend them the privilege of anticipatory
bail subject to payment of Rs.2,37,500/- by way of Demand
Draft in favour of the informant, Nutan Kumari.
8. Let the petitioners be released on bail, in the event
of their arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each in connection with Warisliganj P.S.
Case No. 31 of 2026 to the satisfaction of learned A.C.J.M.-IV,
Nawada subject to the conditions as laid down under Section
438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
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member/relative of the petitioners who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) The petitioners shall be appearing before the
police station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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