Patna High Court
Ramesh Kumar @ Ramesh Yadav @ Ramesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The provisional bail was cancelled because the petitioner failed to fulfill the court‑imposed condition of depositing the agreed amount.
Summary
The petitioner, Ramesh Kumar, was arrested in July 2024 in connection with a cheating case (PS Case No. 70 of 2024) alleged under Sections 406 and 420 of the Indian Penal Code, wherein he was accused of fraudulently obtaining a loan in the name of an informant. He applied for provisional bail, undertaking to repay the alleged loss of Rs. 50 lakh within a year, and the court initially granted bail on the condition that he deposit an initial Rs. 5 lakh and the balance within twelve months. The petitioner later paid only the first instalment of Rs. 5 lakh and failed to show any further payment despite assurances to the LIC Housing Finance. The State argued that the bail conditions were not being complied with and that the petitioner was not interested in fulfilling his monetary undertaking. The court held that non‑compliance with the stipulated payment condition justified the cancellation of the provisional bail. Consequently, the bail was recalled and the petitioner's application for its continuation was dismissed.
Issues considered
- What is the appropriate exercise of discretion by the court in granting provisional bail in a cheating case under Sections 406 and 420 IPC with monetary conditions?
- Whether the failure to deposit the stipulated amount within the prescribed time warrants cancellation of the provisional bail?
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- bail
- cheating
- IPC sections 406
- IPC sections 420
- provisional bail
- bail cancellation
- monetary condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45254 of 2025
Arising Out of PS. Case No.-70 Year-2024 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Ramesh Kumar @ Ramesh Yadav @ Ramesh Kumar Yadav S/o Yadu Yadav
Resident of Village- Shahid Bhagat Singh Colony, Police Station- Rampur,
District- Gaya, at Present residing at Village- Nutan Nagar, A.P. Colony,
Police Station- Civil Line, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Life Insurance Corporation of India
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
For the LIC : Mr. Prashant Kumar
Mr. Nishant Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 20-02-2026 None appears for the petitioner today in this case.
Learned counsel for the State and LIC Housing Finance have
appeared.
2. The following order was passed in this case on
6.8.2025:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Mojahidpur (Babarganj) P.S. Case No. 70 of
2024 registered for the offence punishable under
Sections 406 and 420 of the Indian Penal Code.
3. As per the prosecution case, the
petitioner is accused of cheating the informant.
Patna High Court CR. MISC. No.45254 of 2025(7) dt.20-02-2026
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4. Learned counsel for the petitioner
submits that the present petitioner undertakes to
make good the amount allegedly cheated and pay
the entire amount of Rs. 50 lakhs which is due to
the informant, within a period of one year from
today.
5. Learned counsel for the petitioner
submits that the thrust of the allegation is that a
loan was disbursed in the name of the informant
fraudulently, however, admittedly original
documents were given by the informant willingly to
the petitioner which itself is unreasonable to expect
out of a well educated business person and this fact
alone creates a shadow of doubt on the story of the
informant.
6. The petitioner is in custody since
08.07.2024.
7. Let the petitioner, above named, be
released on provisional bail for a period of three
months from the date of his release on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction
of the learned Judicial Magistrate, 1st Class,
Bhagalpur in connection with Mojahidpur
(Babarganj) P.S. Case No. 70 of 2024, subject to
the following conditions that:
(i). The petitioner is permitted to
deposit the amount of Rs. 50 lakhs within 12
months.
(ii). The petitioner shall be
Patna High Court CR. MISC. No.45254 of 2025(7) dt.20-02-2026
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released on provisional bail only after he
deposits the first installment of Rs. 5 lakhs in
the Court below. Remaining amount of Rs.
45 lakhs shall be deposited by the petitioner
within the next 11 months failing which the
Court below shall be at liberty to cancel the
bail bonds of the petitioner.
(iii). After the entire amount is
deposited, the provisional bail granted to the
petitioner shall be confirmed by the Court
below, failure to deposit the aforesaid
amount within the stipulate time shall lead to
cancellation of the provisional bail granted
to the petitioner.
8. List this case after three months
3. Thereafter, the following order was passed in this
case on 16.01.2026:-
Heard the parties.
2. Learned counsel for the petitioner
submits that the petitioner will pay the entire
balance amount of Rs. 45,00,000/- within the next
nine months from today to the LIC Housing
Finance.
3. In view of the above, list this case on
20.02.2026.
4. It is directed that on or before the next
date of hearing, the petitioner shall handover a
demand draft of Rs. 5 lakhs to Mr. Prashant
Kumar, learned counsel appearing in this case for
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the LIC.
5. The provisional bail granted to the
petitioner vide order dated 06.08.2025 shall
continue till further orders.
4. Till date, only Rs. 5 lakhs have paid by the
petitioner to the LIC Housing Finance and it appears that the
petitioner is not interested in paying the amount which he has
undertaken in this Court to pay.
5. In view of the above, this application is dismissed
and the interim bail granted to the petitioner is hereby recalled.
6. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Bhagalpur through FAX
for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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