Patna High Court
Bhuttu Ram @ Bhulai RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a cash bond, sureties and specific conditions.
Summary
Petitioner Bhuttu Ram was arrested in August 2025 in connection with a case alleging cheating, criminal breach of trust and criminal conspiracy under IPC sections 420, 406 and 120B. The informant claimed the petitioner had taken Rs 12,14,000 for land registration and failed to do so, while the petitioner contended he had only received Rs 2,64,000 and was willing to repay the amount. The prosecution opposed bail on the ground of a prior criminal antecedent. The court examined the allegations, the petitioner’s willingness to pay the claimed amount and the seriousness of the offences, and decided to grant bail subject to a cash bond, two sureties and several conditions including payment of Rs 2,64,000 to the informant, cooperation with the trial, appearance in court and no tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail if any condition is breached.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of offences under IPC 420, 406 and 120B and alleged prior criminal antecedent.
Legislation cited
- Indian Penal Code — s. 120B, 406, 420
Subjects
- bail
- IPC 420
- IPC 406
- IPC 120B
- criminal antecedent
- surety
- trial cooperation
- demand draft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77856 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- BARDAHA District- Araria
======================================================
Bhuttu Ram @ Bhulai Ram Son of Late Basudeo Ram Resident Of Village
-Karahbari Police Station- Bardaha District- Araria ... ... Petitioner/s
Versus
1. The State of Bihar
2. Raja Jha @ Raja Babu Son of Kamlanand Jha Resident Of Village - Aashram road,
Ward no. 15, Ps and Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
For the Informant : Md. Mumtaz Uddin, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-01-2026 Heard Mr. Mukesh Kumar Rana, learned counsel
for the petitioner, Md. Mumtaz Uddin, learned counsel for the
Informant as well as Mr. Umeshanand Pandit,learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.08.2025 in connection with Bardaha P.S. Case No. 23 of
2024, F.I.R. dated 23.03.2024 for the offences punishable under
Sections 420, 406, 120B of the Indian Penal Code.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused person
took Rs.12,14,000/- from him for registry of land but did not do
the same.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
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present case. He further submits that the petitioner had taken
money in tune of Rs. 2,64,000/- only from the informant and he
is ready to pay the same and rest amount to be paid after the
final outcome of the present case.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent.
6. Learned counsel for the Informant submits that the
petitioner had taken Rs. 12,14,000/- from the informant but on
instruction, ready to accept Rs. 2,64,000/- from the petitioner.
7. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-I Class, Araria in connection with Bardaha P.S. Case
No. 23 of 2024, subject to the following conditions:-
i. At the time of furnishing bail bond, the petitioner
shall produce a demand draft of Rs. 2,64,000/- (Rupees Two
Lakh Sixty Four Thousand) in favour of the informant and
learned court below is directed to handover the said demand
draft to the informant or his representative.
ii. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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