Patna High Court
Jitendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Jitendra Prasad, applied for bail in a case registered under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code relating to alleged fraud and forgery. The prosecution alleged that the accused attempted to withdraw Rs.20,000 and had previously withdrawn Rs.10,000 fraudulently. The petitioner claimed no criminal antecedent, asserted false implication, and noted that no incriminating material was found in his possession. The State and the informant opposed bail, but the court considered the length of custody, the petitioner's clean record, and parity with a co-accused who had earlier been granted bail. Consequently, the court granted bail on a Rs.15,000 bond with two sureties and imposed conditions of family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 420, 467, 468, 471 and 34 IPC.
- Whether the petitioner’s claim of false implication and lack of prior criminal record warrant bail.
- Whether the conditions imposed for bail are appropriate.
Legislation cited
- Indian Penal Code — s. 34, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- Section 420
- Section 467
- Section 468
- Section 471
- Section 34
- false implication
- custody
- surety
- court appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7141 of 2026
Arising Out of PS. Case No.-81 Year-2023 Thana- TANKUPPA District- Gaya
======================================================
Jitendra Prasad S/o- Late Tulsi Mahto Village- Pater, P.S.- Wazirganj, District-
Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. South Bihar Gramin Bank,Bartara, Tankuppa, Gaya Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikita Mittal, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
For the Informant : Mr. Suresh Prasad Singh No.1, Advocate
Ms. Kumari Rashmi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant.
2. The petitioner seeks bail in connection with
Tankuppa P.S. Case No. 81 of 2023 instituted for the offence
under Sections 420, 467, 468, 471 & 34 of the Indian Penal
Code.
3. As per prosecution case, the accused persons came
for withdrawal of Rs. 20,000/- but upon suspicion, they were
apprehended and later, it was found that fraud withdrawal of Rs.
10,000/- was earlier done by them on 24.04.2023.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 30.10.2025. Petitioner
Patna High Court CR. MISC. No.7141 of 2026(2) dt.04-02-2026
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bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. During investigation, it is revealed that earlier Rs. 10,000/-
was allegedly withdrawn by the petitioner. In this regard, it is
submitted that petitioner has no connection with the alleged
withdrawal of money. Nothing has been recovered from the
conscious possession of the petitioner. Other co-accused has
been granted bail by this Court vide order dated 05.07.2024,
passed in Cr. Misc. No. 42688 of 2024.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and claim based
on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tankuppa P.S. Case
No. 81 of 2023, subject to the following conditions:
Patna High Court CR. MISC. No.7141 of 2026(2) dt.04-02-2026
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(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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