Patna High Court
Shrawan Kumar @ Sharvan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations do not prima facie establish cheating or forgery and therefore granted bail to the petitioner.
Summary
The petitioner, Shrawan Kumar, was arrested in connection with a case alleging cheating and forgery under IPC sections 419, 420, 467, 468 and 471. He has been in custody since 30 June 2025. The defence argued that the case rests solely on the statements of co‑accused and that there is no direct evidence that the petitioner offered employment or forged documents, contending that he is actually a victim. The prosecution maintained that the petitioner was actively involved in the incident. The court observed that the allegations, on a prima facie basis, do not convincingly satisfy the ingredients of cheating or forgery and noted that the investigation is already completed with a charge‑sheet filed. Consequently, the court ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the Bihar Negotiable Instruments Act.
Issues considered
- Whether the petitioner is entitled to bail despite charges of cheating and forgery under the IPC.
- Whether the allegations against the petitioner constitute a prima facie case of cheating and forgery.
- Whether the completion of investigation and filing of charge‑sheet affect the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- bail
- cheating
- forgery
- IPC
- Criminal Procedure Code
- co‑accused
- charge‑sheet
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73018 of 2025
Arising Out of PS. Case No.-147 Year-2023 Thana- KOTWALI District- Patna
======================================================
Shrawan Kumar @ Sharvan Kumar Son of Sri Vijay Prasad Sharma R/o
Village - Modi, Ward no. 6, P.S. - Sultanganj, District - Bhagalpur(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Hon'ble High Court at Judicature at Patna through its Registrar Patna
High Court, Patna.
3. The Registrar General, Patna High Court, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Mistry, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
For the PHC : Mr. Ashhar Mustafa, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 09-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Kotwali
P.S. Case No. 147 of 2023 registered for the offence under
Sections 419, 420, 467, 468 & 471 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is
in custody since 30.06.2025.
4. As per FIR, petitioner cheated two apprehended co-
accused persons for Rs. 10,000/- on pretext of providing job with
Patna High Court.
5. Learned counsel appearing on behalf of the petitioner
submitted that the entire basis of implication appears on the basis
Patna High Court CR. MISC. No.73018 of 2025(4) dt.09-02-2026
2/3
of disclosure statement of apprehended co-accused, namely Sintu
Kumar, on the basis of which, it appears that the petitioner was
introduced with the vendor Asks e-Governance Services, which
was working with the Digitization Cell of Patna High Court.
Petitioner himself is a victim of the occurrence. It is pointed out
that these statement, nowhere suggest on its face that petitioner
offered any employment with Patna High Court directly against
cash.
6. Arguing further, it is submitted that the allegation
prima facie, nowhere suggest that it is a case of cheating and the
persons, who appears to cheated were made co-accused in present
case i.e Subhash Chandra and Sintu Kumar and, moreover, there
is no allegation against petitioner to create any forged document in
terms of the disclosure of the co-accused. While concluding
argument, it is submitted that investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence and, moreover,
petitioner is a man of clean antecedent.
7. Mr. Ashhar Mustafa, learned counsel appearing for
the Patna High Court, while opposing the prayer of bail submitted
that petitioner found actively involved in the occurrence.
8. Considering the aforesaid factual submissions and by
Patna High Court CR. MISC. No.73018 of 2025(4) dt.09-02-2026
3/3
taking note of fact as prima facie the allegation not appears
convincing qua ingredients of cheating and impersonation, where
prima facie the allegation to create forged document not appears
available against petitioner, coupled with the fact that investigation
of this case is already completed, where petitioner remains in
custody since 30.06.2025, accordingly, petitioner above named, is
directed to be released on bail in connection with Kotwali P.S. Case
No. 147 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Patna/concerned
Court, subject to the conditions as mentioned under Section
437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
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