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Patna High Court

Rajesh RanjanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond with sureties.

Summary

Petitioner Rajesh Ranjan, a bank valuer, was arrested on charges of fraud under sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act and section 138 of the Negotiable Instruments Act, alleging that he falsified a gold valuation to obtain a loan and issued dishonoured cheques. The prosecution alleged that the petitioner colluded with the informant to provide valueless gold as security, leading to a loan of Rs. 7,16,000 and subsequent failure to honour cheques amounting to Rs. 3,13,000. The petitioner contended that no receipt existed for the gold transaction, that the matter was merely a cheque dishonour which is bailable, and that he had been in judicial custody since July 2025. The State opposed the bail, arguing the seriousness of the fraud offences. After hearing both sides, the court held that the petitioner was entitled to regular bail and ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the offences under sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act and section 138 of the Negotiable Instruments Act are bailable.
  • Whether the petitioner’s alleged conduct constitutes a cognizable offence justifying denial of bail.
  • Whether the petitioner’s right to regular bail can be exercised despite the pending fraud allegations.

Legislation cited

Subjects

  • bail
  • fraud
  • Negotiable Instruments Act
  • cheque dishonour
  • gold loan
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6693 of 2026
                    Arising Out of PS. Case No.-313 Year-2024 Thana- BAGHA District- West Champaran
                 ======================================================
                 Rajesh Ranjan S/o Late Narsingh Prasad R/o Village- Budhwari Tola, Bagaha
                 Bazar, Ward No.23, P.S- Bagaha, Dist- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kr. Mishra, Advocate
                                                  Mr. Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 316(2) and

                   318(4) of B.N.S. and Section 138 of the N.I. Act.

                                 3. The case of the prosecution is that the informant

                   has purchased altogether 198.90 grams of gold worth Rs.

                   10,65,000/- for the marriage of his daughter. It is further alleged

                   that as he needed cash for the marriage of his daughter, he has

                   taken gold loan from the Bank of India. The petitioner was the

                   valuer of the bank and he has given his fraudulent report

                   regarding the gold and in his connivance, the bank has given

                   him loan of Rs. 7,16,000/-. The informant was further disclosed
Patna High Court CR. MISC. No.6693 of 2026(2) dt.10-02-2026
                                            2/3




          by Bank of India, Bagaha that the gold which has been

          deposited with the bank is of no value. It is further alleged after

          that, he went to the petitioner and the petitioner along with

          others told him that they will pay the value of the gold as per

          current rate if the same is given to him. The informant paid the

          loan to the Government to the tune of Rs. 8,51,000/- and

          received the gold and handed over to the petitioner. It is further

          alleged that petitioner has issued certain cheques and has also

          assured him to pay Rs. 3,13,000/- in cash through an agreement.

          Further allegation of the informant is that the cheques which

          were issued by the petitioner got dishonoured due to

          insufficiency of the fund. After this, he sent a notice through

          advocate but no reply was received. It has been alleged that the

          petitioner has committed fraud with the informant by giving him

          valueless gold.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that though there is

          averment that the informant has purchased 198.90 grams of gold

          from the shop of the petitioner but there is no receipt of the

          same. It has further been submitted that the gold was placed

          with the bank and towards that, loan was taken by the informant
            Patna High Court CR. MISC. No.6693 of 2026(2) dt.10-02-2026
                                                        3/3




                      and after two years, the informant is stating that the gold is of no

                      value. Had the gold been of no value, the bank must have filed

                      case against the informant but no such case is filed. It has

                      further been submitted that at most, it is a case of dishonour of

                      cheque which is bailable in nature and the same cannot be filed

                      through FIR rather it should be filed through complaint petition.

                      Moreover, the petitioner is languishing in judicial custody since

                      11.07.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Bagaha P.S. Case No. 313 of 2024 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additional Chief Judicial

                      Magistrate, 1st , Bagaha, West Champaran.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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