Patna High Court
Abhishek RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
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
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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
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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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