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Patna High Court

Ram Bharosh Yadav @ Rambharos YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.29789 of 2026(2) dt.05-05-2026
                                                        3/3




                      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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