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Patna High Court

Bhuttu Ram @ Bhulai RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.77856 of 2025(4) dt.22-01-2026
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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
            Patna High Court CR. MISC. No.77856 of 2025(4) dt.22-01-2026
                                                        3/3




                      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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