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Patna High Court

Anand Kumar @ Raju Kumar @ Raju YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted in fraud cases under Sections 406/420 of the IPC, provided the court imposes appropriate conditions such as a bail bond, sureties, and the return of the defrauded amount.

Summary

The petitioner, Anand Kumar, sought anticipatory bail after being implicated in a fraud case (Noorsarai P.S. Case No. 14 of 2015) involving alleged offences under Sections 406 and 420 of the Indian Penal Code, where Rs.1,95,000 was transferred to his bank account. He claimed innocence, a clean antecedent, and expressed willingness to return the entire amount to the informant. The State opposed the bail application. The High Court, applying Section 438(2) of the Code of Criminal Procedure, 1973 and its inherent powers under Section 482, allowed the anticipatory bail with conditions: a bail bond of Rs.10,000 with two sureties, and the production of a demand draft of Rs.1,95,000 in favour of the informant. Failure to deposit the amount would permit the informant to seek cancellation of the bail. The order directed the lower court to release the petitioner on bail if arrested within four weeks, subject to the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the present fraud case.
  • Whether the court may impose the condition of returning the defrauded amount as a condition of anticipatory bail.
  • Whether the allegations under IPC Sections 406 and 420 justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • IPC 406
  • IPC 420
  • Section 438 CrPC
  • Section 482 CrPC
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67242 of 2025
                     Arising Out of PS. Case No.-14 Year-2015 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Anand Kumar @ Raju Kumar @ Raju Yadav S/o Ashok Yadav R/o Village -
                 Suratpur, P.S - Bind, District -Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Kumari Renu Sinha W/o Late Arun Kumar In - Charge Principal Middle
                 School, Nirpur, P.S - Noorsarai, District - Nalanda R/o Village - Nirpur, P.S -
                 Noorsarai, District - Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   23-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in connection

                   with Noorsarai P.S. Case No. 14 of 2015 registered for the offence

                   under Sections 406/ 420 of the Indian Penal Code.

                                   3.     As per the prosecution case, petitioner is the

                   beneficiary of the fraud and an amount of Rs. 1,95,000/- was

                   transferred in the bank account of the petitioner.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely been

                   implicated in this case. It is next submitted that petitioner is ready

                   to return the entire amount to the informant. Petitioner has clean

                   antecedent.
              Patna High Court CR. MISC. No.67242 of 2025(5) dt.23-02-2026
                                                          2/2




                                         5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail of the petitioner.

                                        6. Considering the aforesaid facts, this application is

                        allowed.

                                       7. Let the petitioner, above named, in the event of his

                        arrest or surrender before the concerned Court below within four

                        weeks from today, be released on bail on furnishing bail bond of

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

                        each to the satisfaction of the learned C.J.M., Nalanda/ concerned

                        Court below in connection with Noorsarai P.S. Case No. 14 of

                        2015, subject to the conditions laid down in Section 438(2) of the

                        Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                     8. This is also subject to the condition that the petitioner

                        shall produce a Demand Draft of Rs. 1,95,000/- in favour of the

                        informant and the court below is directed to handover the demand

                        draft to the informant. If the petitioner fails to deposit the said

                        amount, the informant shall be at liberty to move before

                        appropriate forum for cancellation of bail bond of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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