Patna High Court
Ranjit Kumar Gupta @ Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner, subject to a bond, sureties, and proof of repayment of the Rs 70,000.
Summary
The petitioner, Ranjit Kumar Gupta, was named in an FIR for allegedly withdrawing Rs 70,000 from an informant’s bank account and transferring it to his own account via ATM, constituting an offence under Section 420 of the IPC. He contended that he is a vegetable vendor in Delhi and was unaware of how the amount was credited to his account, asserting that he is the victim and is willing to return the full sum to the informant. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s offer to repay the amount and the nature of the offence, granted bail on a bond of Rs 10,000 with two sureties, subject to proof of repayment and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within four weeks and to furnish the required sureties and proof of repayment.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 420 IPC.
- Whether the petitioner’s claim of being a victim and his willingness to return the money justify bail.
- Whether bail can be conditioned under Section 438(2) CrPC and Section 482(2) BNSS 2023.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 420
Subjects
- bail
- Section 420 IPC
- fraud
- criminal procedure
- BNSS 2023
- ATM transaction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39179 of 2026
Arising Out of PS. Case No.-1 Year-2019 Thana- DUMARIYA District- Gaya
======================================================
Ranjit Kumar Gupta @ Ranjit Kumar, S/o Jitendra Saw, Resident of Village -
Rampur, P.S. - Makhdumpur Chhatiana, District - Jehanabad.
... ... Petitioner
Versus
1. The State of Bihar
2. Shila Rani, W/o Binod Prajapati, R/o Village - Mandar, P.S.-Dumariya, Dist.
- Gayaji.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Md Jubair Ansari, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dumaria P.S.
Case No.01 of 2019 registered under Section 420 of the
Indian Penal Code.
3. As per FIR, the petitioner was alleged to
withdrew Rs. 70,000/- from informant’s A/c
No.2385000100024700 (PNB, Branch-Dumariya, Dist.-
Gaya) and transferred it in his own A/c
No.2389000100083958 (PNB, Branch-Umta, Dist.-
Jehanabad) through ATM.
Patna High Court CR. MISC. No. 39179 of 2026(2) dt.18-06-2026
2/3
4. It is submitted by learned counsel appearing
for petitioner that petitioner is working as a vegetable
vendor at Delhi and he himself is the victim of the
circumstances, as he could not understand that how the
amount of Rs. 70,000/- was credited to his account. It is
submitted that his only fault is this that he could not
informed this transaction to the bank to take appropriate
steps to return the said amount to the same account or to
take other appropriate lawful action. Learned counsel
appearing for petitioner made statement at Bar that he is
under instruction that petitioner is ready to pay entire
amount of Rs.70,000/- to the informant at the time of
furnishing of bail bond through RTGS to the bank account of
the informant or by demand draft.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as petitioner offered to return
Rs.70,000/- to the informant, accordingly, the petitioner,
above-named, in the event of his arrest or surrender in the
court below within a period of four weeks from today, is
Patna High Court CR. MISC. No. 39179 of 2026(2) dt.18-06-2026
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directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, First Clas, Sherghati (Gaya Ji) in connection with
Dumaria P.S. Case No.01 of 2019, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure (in short ‘CrPC’)/under Section 482(2) of the
Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’)
and with further condition:-
(i) That bail bond of the petitioner shall be
accepted only after showing the proof that Rs.70,000/- is
duly transferred to the account of the informant either by
RTGS or in alternate through bank draft duly received by
informant.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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