Patna High Court
Rajesh RanjanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 316(2), 318(4)
- Negotiable Instruments Act, 1881 — s. 138
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
Checking your session…