Patna High Court
Rampravesh KushwahaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 409/34, 420
- Code of Criminal Procedure, 1973 — s. 438(2), 482
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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