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Patna High Court

Rampravesh KushwahaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is granted subject to payment of a bail bond and installment-based restitution of the alleged defalcated amount.

Summary

Rampravesh Kushwaha was implicated in a case (Piprasi P.S. Case No. 70 of 2022) for allegedly defrauding approximately Rs.8,75,000 under Sections 420 and 409/34 of the Bharatiya Nyaya Sanhita. Fearing arrest, he applied for anticipatory bail, asserting his innocence and offering to repay the amount in monthly installments of Rs.25,000. The State opposed the bail, arguing the seriousness of the offences. The Patna High Court, after considering the facts and the petitioner's willingness to make restitution, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the condition that the full amount be deposited in installments. The court ordered provisional release upon payment of the first installment and stipulated that failure to complete payment could lead to cancellation of bail. The application was consequently disposed of with the bail order.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case involving alleged cheating and criminal breach of trust under the Bharatiya Nyaya Sanhita?
  • Whether the petitioner’s offer to repay the alleged defalcated amount in installments can be a condition for anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • criminal breach of trust
  • Bharatiya Nyaya Sanhita
  • Code of Criminal Procedure
  • bail conditions
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71688 of 2025
                    Arising Out of PS. Case No.-70 Year-2022 Thana- PIPRASI District- West Champaran
                 ======================================================
                 Rampravesh Kushwaha Son of Late Banarasi Kushwaha Resident of Village-
                 Gobarhiya Manjhariya, Ps- Piparasi, Dist- West Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Suresh Prasad Sharma, Advocate
                 For the State            :        Mr.Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   21-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Piprasi P.S. Case No. 70 of 2022 instituted under Sections

                   420, 409/34 of the Bharatiya Nyaya Sanhita.

                                 3. As per the prosecution case, the petitioner is

                   accused of defalcating Rs. 8,75,000/- approx.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent but without accepting his guilt, he is ready

                   to deposit the entire amount in equal monthly installment of Rs.

                   25,000/-.

                                 5. Learned A.P.P. appearing for the State has

                   vehemently opposed the prayer for bail.

                                 6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.71688 of 2025(3) dt.21-01-2026
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          as well as the submission of the learned counsel for the

          petitioner, this application for anticipatory bail is allowed.

                       7. Accordingly, in the event of arrest or surrender

          before the Court below within six weeks from today, the

          petitioner, above named, be released on provisional bail upon

          furnishing bail bonds of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Judicial        Magistrate,         1st      Class,   Bagaha,     West

          Champaran/concerned Court in connection with Piprasi P.S.

          Case No. 70 of 2022, subject to the conditions laid down in

          Section 482 of the BNSS/ 438(2) of the Code of Criminal

          Procedure, 1973. subject to the following conditions that:-

                                     (i). The petitioner is permitted to deposit
                          the amount of Rs. 8,75,000/- in equal installments
                          of Rs. 25,000/- per month.
                                     (ii). The petitioner shall be released on
                          provisional bail after he deposits the first
                          installment i.e., Rs. 25,000/- in the Court below.
                          Rest of the installments shall be deposited by the
                          petitioner every month till the entire amount of Rs.
                          8,75,000/- is paid to the informant, failing which
                          the Court below will be at liberty to cancel the bail
                          bonds of the petitioner on the application of the
                          informant.
                                     (iii). After the entire amount is deposited,
                          the provisional bail granted to the petitioner shall
                          be confirmed by the Court below.

                       8. With the aforesaid observation and direction, this
           Patna High Court CR. MISC. No.71688 of 2025(3) dt.21-01-2026
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                     application stands disposed of.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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