Patna High Court
Subhash Chandra @ Subhash Chandravanshi @ Subhash Chandra bos @ Gard SahabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the allegations did not prima facie establish the ingredients of cheating or forgery.
Summary
The petitioner, Subhash Chandra, was arrested in connection with a case registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code for allegedly cheating two co‑accused of Rs.10,000 by promising a job with the Patna High Court. The petitioner contended that the only basis for his implication was the disclosure statements of the co‑accused, which did not expressly allege that he offered employment for cash or forged any documents. The State argued that the co‑accused had named the petitioner, but the court noted that the statements merely indicated his introduction of them to a vendor, Ask e‑Governance Services. The court held that, on a prima facie view, the allegations did not satisfy the ingredients of cheating or forgery and that the investigation was already completed, making further tampering unlikely. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 419, 420, 467, 468 and 471 of the IPC.
- Whether the disclosure statements of the co‑accused constitute a prima facie case of cheating and forgery against the petitioner.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- cheating
- forgery
- Indian Penal Code
- Criminal Procedure Code
- prima facie
- disclosure statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60126 of 2025
Arising Out of PS. Case No.-147 Year-2023 Thana- KOTWALI District- Patna
======================================================
Subhash Chandra @ Subhash Chandravanshi @ Subhash Chandra bos @
Gard Saheb S/o Rajo Prasad, Resident of Village- Saguni, PS- Masaurhi,
Distt.- Patna, Bihar, Presently residing at Sitjain Chak, P.S.- Gopalpur, Distt.-
Patna, Bihar-800007. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajni Kant Singh, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 13-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Kotwali
P.S. Case No. 147 of 2023 registered for the offence under
Sections 419, 420, 467, 468 & 471 of the Indian Penal Code,
1860.
3. The accused/petitioner is named in the F.I.R. and is
in custody since 11.05.2025.
4. As per FIR, petitioner cheated two apprehended co-
accused persons for Rs. 10,000/- on pretext of providing job with
Patna High Court.
5. Learned counsel appearing on behalf of the petitioner
submitted that the entire basis of implication appears on the basis
of disclosure statement of apprehended co-accused, namely
Patna High Court CR. MISC. No.60126 of 2025(4) dt.13-01-2026
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Sharwan Kumar and Sintu Kumar, on the basis of which, it
appears that the petitioner was introduced with the vendor Asks e-
Governance Services, which was working with the Digitization Cell
of Patna High Court. It is pointed out that these statement,
nowhere suggest on its face that petitioner offered any
employment with Patna High Court directly against cash. It is
pointed out that as this petitioner introduced both co-accused with
vendor as they were in search of employment, the present false
implication was raised.
6. Arguing further, it is submitted that the allegation
prima facie, nowhere suggest that it is a case of cheating and the
persons, who appears to cheated were made co-accused in present
case i.e Sarvan Kumar and Sintu Kumar and, moreover, there is
no allegation against petitioner to create any forged document in
terms of the disclosure of the co-accused. While concluding
argument, it is submitted that investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence. Explaining
criminal antecedent, it is submitted that petitioner found involved
in one more criminal case of similar nature, where he is on bail.
7. Learned APP while opposing the prayer of bail
submitted that this petitioner was named by both accused but it is
Patna High Court CR. MISC. No.60126 of 2025(4) dt.13-01-2026
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conceded that as per their disclosure, the petitioner appears
introduced them with vendor of Ask e-Governance Services.
8. Considering the aforesaid factual submissions and by
taking note of fact as prima facie the allegation not appears
convincing qua ingredients of cheating and impersonation, where
prima facie the allegation to create forged document not appears
available against petitioner, coupled with the fact that investigation
of this case is already completed, where petitioner remains in
custody since 11.05.2025, accordingly, petitioner above named, is
directed to be released on bail in connection with Kotwali P.S. Case
No. 147 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-XVII,
Patna/concerned Court, subject to the conditions as mentioned
under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
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