Patna High Court
Vinod PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified monetary and surety conditions.
Summary
Vinod Paswan applied for anticipatory bail fearing arrest in a criminal case (C.A. No. 767 of 2024) alleging cheating of Rs. 3,50,000 under IPC sections 406, 420 and 120(B). The petitioner claimed innocence and expressed willingness to return the entire amount to the complainant. The court, after hearing counsel, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and a demand draft of Rs. 1 lakh to the complainant. The remaining Rs. 2,50,000 must be paid in equal monthly installments over three months, with default leading to automatic cancellation of bail. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 despite allegations under IPC sections 406, 420 and 120(B).
- Whether the court may impose monetary and surety conditions, including installment payments, as part of anticipatory bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 406, 420
Subjects
- anticipatory bail
- cheating
- IPC
- CrPC
- bail conditions
- restoration of money
- default
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68548 of 2025
Arising Out of PS. Case No.-767 Year-2024 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
Vinod Paswan S/o Late Lochan Paswan R/o vill - New Sipahi Tola, P.S.- K.
Hat, Distt.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Parmanand Kumar S/o Late Jagarnath Rai R/o Maithali Tola Kotharbari,
P.S.- Madubani, Distt.- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Rajdeep
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with C.A. Case No. 767 of 2024 registered for the
offence under Sections 406, 420, 120(B) of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
alleged to have cheated the complainant of Rs. 3,50,000/-.
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. He further submits that the
petitioner, without accepting his guilt, is ready to return Rs.
3,50,000/- to the complainant.
5. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.68548 of 2025(3) dt.26-02-2026
2/2
6. 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 court os 2 nd
District and Additional Sessions Judge, Purnea/concerned Court
below in connection with C.A. Case No. 767 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
7. As a condition of this order, the petitioner will
bring a demand draft of Rs. 1 lakh in the name of the
complainant at the time of furnishing his bail bonds and
thereafter his bail bonds shall be accepted by the Court below. It
is made clear that rest of the balance amount i.e. Rs. 2,50,000/-
shall be paid to the informant in equal monthly installments in
the next three months.
8. It is also made clear that any default in payment of
the monthly installment amount will result in automatic
cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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