Patna High Court
Umesh Sharma @ Jaldhar @ Umesh dasversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
In the absence of substantive material linking petitioner 1 to the alleged fraud, bail is granted subject to the conditions imposed under the Cr.P.C. and BNSS.
Summary
The petitioners, Umesh Sharma and Raghunath Pandey, were implicated in a case registered under Sections 406, 420, 467, 468 and 120B of the Indian Penal Code for allegedly duping people by promising jobs through a fake Bal Bari Center. Petitioners sought bail, arguing that the FIR names only Ramashish Pandey and that the petitioner’s name appeared merely on a banner identified by a witness, with no substantive evidence linking him to the fraud. The State opposed bail, contending the seriousness of the offences. The Court examined the material and found the allegation against petitioner 1 to be based solely on suspicion without concrete proof. Consequently, the Court granted bail to petitioner 1, subject to a bond of Rs 10,000, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the evidence linking petitioner 1 to the alleged offences is sufficient to deny bail.
- Whether the mere appearance of petitioner 1’s name on a banner, absent in the FIR, warrants denial of bail.
- Whether bail can be granted under Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023 in the circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 120, 406, 420, 467, 468
Subjects
- bail
- fraud
- false job promises
- Bal Bari Center
- suspicion
- Section 438 Cr.P.C.
- Section 482 BNSS
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69467 of 2025
Arising Out of PS. Case No.-305 Year-2021 Thana- EKANGARSARAI District- Nalanda
======================================================
1. Umesh Sharma @ Jaldhar @ Umesh das Son of Late Nand Lal Sharma @
Nandlal Das R/o- Radhika Bhawan, P.S.- Kadamkuan, Distt-Patna.
2. Raghunath Pandey Son of Narayan Pandey R/o Village - Rasallpur Ka Tola
Saidpur, P.S. - Fatuha, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyama Nand Thakur, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 At the very outset, learned counsel for the
petitioners seeks permission to withdraw this application with
regard to petitioner no.2 who has already been apprehended by
the police during pendency of this application.
2. Permission is accorded.
3. Accordingly, this application is dismissed with
regard to petitioner no.2 only.
4. Now, this application survives only for petitioner
no.1.
5. Heard learned counsel for the petitioner no.1 and
learned A.P.P. for the State.
6. The petitioner no.1 apprehends his arrest in a
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case registered for the offences punishable under Sections 406,
420, 467, 468, and 120B of the Indian Penal Code.
7. The allegation in the F.I.R. relates to duping the
informant and others of their money on false assurance of
providing jobs by rendering fake Bal Bari Center.
8. It is submitted by learned counsel for the
petitioner no.1 that the name of the petitioner no.1 does not
figure in the first information report and the same is specific
against one Ramashish Pandey, who was arrested. The name of
the petitioner no.1 has transpired in this case upon statement of
one Aarti Kumari, who found the name of the petitioner no.1
on the banner of Bal Bari Center. There is no other substantial
material to substantiate the involvement of the petitioner no.1
in the alleged fraud.
9. Learned APP for the State opposed the prayer
for bail.
10. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
name of the petitioner no.1 has transpired on the basis of some
suspicion and the thrust of the allegation is on Ramashish
Pandey, who was arrested, let the above named petitioner no.1,
be released on bail, in the event of his arrest or surrender before
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the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Ekangar Sarai P.S.
Case No. 305 of 2021, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 subject to
further condition that:
(i) One of the bailors would be family members of
the petitioner.
(ii) The petitioner would make himself available
before the Investigating Officer of the case as and when
required and cooperate in the trial.
(Soni Shrivastava, J)
Trivedi/-
U T
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