Patna High Court
Ram Bharosh Yadav @ Rambharos YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specific monetary and procedural conditions.
Summary
Ram Bharosh Yadav was arrested on 26-12-2025 in connection with a fraud case (Case No. 396 of 2025) alleging he collected Rs. 6,40,691 from 28 customers with dishonest intent, punishable under Sections 316(5) and 318(4) of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed a clean antecedent, asserted false implication, and offered to repay the amount within three months. The State opposed bail. The High Court, after considering the facts, granted bail on a Rs. 10,000 bond with two sureties, subject to conditions including a Rs. 2 lakh demand draft to L&T Finance Limited, payment of the remaining amount within three months, cooperation with the trial, physical presence, and no tampering with evidence. The order also empowered the finance company to move for cancellation of bail if conditions are breached. The bail was thus granted with stringent safeguards.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 316(5) and 318(4) of the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or obstructing the trial.
- Whether the condition of depositing the alleged misappropriated amount is permissible as a condition for bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 316(5), 318(4)
Subjects
- bail
- criminal procedure
- fraud
- cheating
- Section 316
- Section 318
- Bharatiya Nyay Sanhita
- surety
- deposit condition
- L&T Finance Limited
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29789 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Ram Bharosh Yadav @ Rambharos Yadav S/o Late Gauri Yadav @ Gauri
Shankar Yadav Resident of Village - Gandhi Nagar Ward No. 18, P.S. -
Bagaha, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pushkar Gupta S/o Parmatma Prasad Resident of village - Bariyarpur,
Piparpati Tiwari, P.S - Maharajganj, District - Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Bijay Prakash Singh, learned counsel
for the petitioner as well as Mr. Sanjay Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.12.2025 in connection with Siwan Muffasil P.S. Case No.
396 of 2025, F.I.R. dated 02.06.2025 for the offences punishable
under Sections 316(5) and 318(4) of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, the informant
alleged that the petitioner collected Rs. 6,40,691/- from 28
customers with dishonest intention to obtain wrongful gain.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29789 of 2026(2) dt.05-05-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits on
instructions that the petitioner is ready to deposit the aforesaid
amount within a period of three months.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Chief
Judicial Magistrate, Siwan in connection with Siwan Muffasil
P.S. Case No. 396 of 2025, subject to the following conditions:-
(i) At the time of furnishing bail bond, the petitioner
shall deposit Rs. Two Lakh by way of demand draft in favour of
the L & T Finance Limited and the learned court below is
directed to hand over the said demand draft to the representative
of the L & T Finance Limited and rest amount of Rs. 4,40,691/-
(Four Lakh Forty Thousand Six Ninety One) shall be paid
within a period of three months. If the petitioner fails to deposit
the rest amount of Rs. 4,40,691/- (Four Lakh Forty Thousand
Six Ninety One) to the L & T Finance Limited, the L & T
Finance Limited shall be at liberty to move before the
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appropriate forum for cancellation of bail bond of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below 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 below shall take step 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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