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Patna High Court

Indrasen Kumar @ Indrasen GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner’s alleged involvement and the non‑return of the entire defrauded amount precluded relief.

Summary

The petitioner, Indrasen Kumar, sought anticipatory bail in connection with a 2023 case alleging forgery of death claims on 21 LIC policies amounting to Rs. 32,35,000. The prosecution alleged that the petitioner, together with his wife Gudiya Kumari, a LIC agent, forged the claims and committed cheating, forgery and criminal conspiracy under IPC sections 419, 420, 467, 468 and 120(B). The petitioner contended that his wife was the main perpetrator and that he was returning the defrauded amount, with a substantial part already refunded. The State argued that no evidence of full restitution was on record and highlighted the petitioner’s three prior criminal antecedents. Considering the seriousness of the offences, the incomplete restitution, and the petitioner’s alleged involvement, the court refused to grant anticipatory bail, directing that surrender with a certificate of full repayment could be considered for bail thereafter.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code given the alleged offences of cheating, forgery and criminal conspiracy.
  • Whether the return of the defrauded amount and the petitioner’s alleged lesser role affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • insurance fraud
  • IPC
  • CrPC
  • cheating
  • criminal conspiracy
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37682 of 2026
                        Arising Out of PS. Case No.-565 Year-2023 Thana- RAMPUR District- Gaya
                 ======================================================
                 Indrasen Kumar @ Indrasen Gupta S/o Munni Lal R/o Village - Tapovan
                 Road, Dakhingawan, P.S - Wazirganj, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saket Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Rampur P.S. Case No. 565 of 2023 for the

                   offence under sections 419, 420, 467, 468 and 120(B) of the

                   Indian Penal Code lodged on 06.09.2023 by the informant,

                   Pradeep Kharwal.

                                3. As per the prosecution story, the informant, the

                   Branch Manager of LIC Branch No. 1, Rampur alleged that

                   forging the death claims, the petitioner alongwith his wife,

                   Gudiya Kumari, an LIC agent, obtained death claims of twenty

                   one life insurance policies to the tune of Rs. 32,35,000/-. This led

                   to the FIR.

                                4. Learned counsel for the petitioner submits that main

                   role can be assigned to his wife, Gudiya Kumari and the
          Patna High Court CR. MISC. No.37682 of 2026(2) dt.01-07-2026
                                                      2/2




                    petitioner is not the LIC agent. He further submits that he is

                    trying his level best to return the entire amount of Rs. 32,35,000/-

                    and substantial amount has already been returned.

                                 5. Learned APP opposes the prayer submitting that

                    there is nothing on record to show that the amount of Rs.

                    32,35,000/- has been returned nor any certificate to this effect is

                    on record and he has three criminal antecedent.

                                 6. Taking into account the submissions of the parties as

                    also the way the death policies have been forged to claim Rs.

                    32,35,000/-, the petitioner being the husband and his role has

                    come up, the matter is of the year 2023, and still, the entire

                    amount has not been returned, in that background, this Court is

                    not inclined to extend relief to the petitioner.

                                 7. The anticipatory bail application stands rejected.

                                 8. If, however, the petitioner surrenders within four

                    weeks alongwith certificate of the LIC Branch to show that the

                    entire amount of Rs. 32,35,000/- is returned, if surrender-cum-

                    bail application is filed, the same be considered and an

                    appropriate order be passed preferably on the same day.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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