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Patna High Court

Abhishek RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to strict conditions and supervision of the investigation.

Summary

The petitioner, Abhishek Raj, sought anticipatory bail fearing arrest in a financial fraud case (PS Case No. 211 of 2023) involving alleged cheating, criminal breach of trust, forgery and conspiracy under various IPC sections. He claimed he had taken Rs. 13.65 lakh as consultancy fees and that a larger sum of Rs. 1.5 crore was transferred to a dead person’s account without his knowledge, and asserted he had already returned part of the money and was willing to return more. The petitioner argued his innocence and that the police investigation was ongoing. The Court, after hearing counsel, granted provisional anticipatory bail until the investigation and filing of the charge‑sheet, subject to surrender, a bail bond of Rs. 10,000 with two sureties, cooperation with the investigation, and compliance with Section 438(2) CrPC and Section 482 CrPC. The Court also directed the Senior Superintendent of Police, Darbhanga, to supervise the investigation and replace the investigating officer if necessary, and allowed the petitioner to file a representation regarding any discrepancies.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious allegations of cheating, forgery and conspiracy under the IPC.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482 CrPC are sufficient to safeguard the investigation while protecting the petitioner’s liberty.

Legislation cited

Subjects

  • anticipatory bail
  • financial fraud
  • IPC sections 419, 420, 406, 407, 468, 120B, 34
  • investigation supervision
  • bail conditions
  • Section 438 CrPC
  • Section 482 CrPC

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.85679 of 2023
                    Arising Out of PS. Case No.-211 Year-2023 Thana- DARBHANGA District- Darbhanga
                  ======================================================
                  Abhishek Raj SON OF ANAND BIHARI SHARAN Resident of Laxmi Sagar
                  Road No 4 P. S. L. N.. University, DIST.- DARBHANGA

                                                                                 ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar BIHAR
            2.    Dinesh Kumar s/o- late Chedi Lal Danika R/o- Mohalla- Gullowara P.S-
                  Town Dist-Darbhanga

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mrs. Shama Sinha
                                                  Mr. Kumar Praveen
                                                  Mr. Vijayansh Pratap Singh
                                                  Mr. Surya Prakash
                  For the Opposite Party/s :      Mr. Pranav Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

26   09-02-2026                     Heard learned counsel for the petitioner and learned

                    APP for the State.

                                     2. The petitioner apprehends his arrest in

                    connection with Darbhanga (Town) P.S. Case No. 211 of 2023

                    registered for the offence under Sections 419, 420, 406, 407,

                    468, 120B/34 of the Indian Penal Code.

                                     3.   The dispute between the parties is that the

                    petitioner had taken Rs. 13.65 lakhs from the informant for

                    giving consultancy for taking Tata Agency. It is further alleged

                    that on instructions from the petitioner, the informant transferred

                    Rs. 1.5 crores in the account of a dead person.
Patna High Court CR. MISC. No.85679 of 2023(26) dt.09-02-2026
                                            2/3




                          4. It has been submitted by the learned counsel for

          the petitioner that the petitioner is innocent and he has falsely

          been implicated in this case. Learned counsel for the petitioner

          further submits that the petitioner has already returned Rs. 3.65

          lakhs to the informant and the petitioner is ready to return1 0

          lakhs to the informant which was transferred in the account of

          the petitioner and rest of the alleged amount has been

          transferred in the account of dead person of which the petitioner

          has no knowledge. He next submits that the police is still

          investigating the case.

                          5. Considering the aforesaid facts, the petitioner is

          granted provisional anticipatory bail till the completion of the

          investigation and submission of charge-sheet/Final Form.

                            6. The petitioner is directed to surrender and

          execute his bail bonds of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          jurisdictional      investigating       officer       in   connection   with

          Darbhanga (Town) P.S. Case No. 211 of 2023 on such terms and

          conditions as he deems fit and the petitioner will co-operate in

          the investigation, subject to the conditions laid down in Section

          438(2) of the Code of Criminal Procedure, 1973 / Section 482 of

          the BNSS.
          Patna High Court CR. MISC. No.85679 of 2023(26) dt.09-02-2026
                                                      3/3




                                    7. The Senior Superintendent of Police, Darbhanga

                    is directed to himself supervise the investigation of the case and

                    go behind the allegations against the petitioner as it appears the

                    present investigating officer is incompetent in investigating such

                    financial frauds and if required, the Senior Superintendent of

                    Police, Darbhanga will get the investigation done by a

                    competent Investigating Officer.

                                    8. The petitioner is given liberty to file a proper

                    representation before the police with regard to the discrepancies

                    and the petitioner may bring further facts in the knowledge of

                    the Senior Superintendent of Police, Darbhanga.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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