Patna High Court
Dr. Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed.
Summary
Dr. Dharmendra Kumar applied for anticipatory bail after being implicated in a case alleging cheating, forgery and criminal conspiracy involving the receipt of Rs 40 lakhs from an informant for a favourable BPSC exam result. The informant claims the money was given in cash, a forged cheque was later issued and bounced, leading to FIR under IPC sections 406, 420, 467, 468, 471 and 34. The petitioner argued that the allegations were false and that the informant himself sought an illegal appointment. The informant’s counsel indicated no opposition to the bail application. The Court considered the seriousness of the offences, the possibility of the petitioner fleeing or tampering with evidence, and the provisions of Section 482 of the CrPC. It granted anticipatory bail subject to a bail bond of Rs 50,000 and two sureties, imposing conditions as per Section 482(2).
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under IPC sections 406, 420, 467, 468, 471 and 34.
- Whether the High Court may impose bail conditions under Section 482 of the CrPC in such circumstances.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 34, 406, 420, 467, 468, 471
Subjects
- anticipatory bail
- Indian Penal Code
- cheating
- forgery
- criminal conspiracy
- Section 482 CrPC
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58921 of 2025
Arising Out of PS. Case No.-39 Year-2024 Thana- JAKKANPUR District- Patna
======================================================
Dr. Dharmendra Kumar S/o Sri Braj Kishore Prasad R/o Rajni Complex,
Mithapur, Sabzi Mandi, P.S.- Jakkanpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ritesh Kumar @ Sonu S/o Raj Kumar Singh R/o Asha Sadan, Wachaspati
Colony, Near Sandalpur Railway Line, Kumhrar, P.S.- Bahadurpur, Distt-
Patna, at present Pirbahore Police Compound, Ashok Rajpath, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
Ms. Shubhra, Advocate
Mr. Sanjay Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
For the Informant : Mr. Dineshwar Tiwary, Advocate
Mr. Raja Ram Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
9 15-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 406, 420,
467, 468, 471 and 34 of the Indian Penal Code.
3. The learned counsel appearing on behalf of the
petitioner submits that petitioner has antecedent of two cases
and the informant alleges that his family has good relations with
father of the petitioner, namely, Braj Kishore Prasad, further his
Patna High Court CR. MISC. No.58921 of 2025(9) dt.15-05-2026
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mother often used to visit the house of the petitioner, next
alleges that during course of conversation, Braj Kishore Prasad
inquired about the informant from his mother, Asha, who
disclosed that he is preparing for BPSC exams, on which Braj
Kishore Prasad asked her to meet the petitioner and his wife,
who manage and does setting in BPSC, accordingly his mother
met the petitioner and his wife and disclosed that informant has
appeared in 68th BPSC examination, accordingly they asked for
informant's admit card and said that the result will be in
informant's favor and asked his mother to inform the informant
that he should keep meeting them every 3-4 days, the informant
accordingly started meeting them, next alleges that BPSC
declared the result of 68th BPSC examination, but the name of
the informant did not figure in the merit list, on query, the
petitioner disclosed that without money no work is done and
demanded Rs. 40 lakhs in advance with promise to pay rest Rs.
35 lakhs after the result is declared, further on 11-05-2023, the
petitioner informed that this time the result is not possible, but
arrange Rs. 40 lakhs in the next exam, as in the next exam the
result is assured, accordingly on 23-08-2023, i.e., prior to
commencement of 69th BPSC exam, an amount of Rs. 40 lakhs
in cash was given to the petitioner in presence of his wife at his
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residence, further when the result of 69th BPSC exam was
published, the name of the informant did not figure in the merit
list, accordingly the informant asked the petitioner to return the
amount, the petitioner on 18-12-2023 gave a cheque of Rs. 25
lakhs and promised to return Rs. 15 lakhs later, the cheque was
presented for encashment and the same bounced and the bank
informed that the signature on the cheque is forged, thus alleges
that the petitioner, with a view to misappropriate his money,
deliberately issued a cheque with forged signature.
4. The learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is next submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that in sum and substance, the allegation is that informant had
given Rs. 40 Lakhs in cash to the petitioner for getting a desired
result in the 69th BPSC examination. It is further submitted that
as per the allegation, the informant accepts that he had sought
backdoor appointment on strength of money which in itself is an
illegality.
5. At this stage, the learned counsel appearing on
behalf of the informant submits that he has instructions not to
oppose the anticipatory bail application of the petitioner.
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6. After hearing the learned counsel for the parties,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 50,000/-
(Rupees Fifty Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Jakkanpur P.S.
Case No. 39 of 2024 subject to the conditions as laid down
under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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