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Patna High Court

Adarsh ManuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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/-
Patna High Court CR. MISC. No.29577 of 2026(2) dt.07-05-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.29577 of 2026(2) dt.07-05-2026
                                                         3/3




                       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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