Patna High Court
Anand Kumar @ Raju Kumar @ Raju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 406, 420
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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