Patna High Court
Raushan Kumar @ Raushan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court ordered the release of the petitioner on bail, finding no sufficient ground to keep him in custody.
Summary
Raushan Kumar Gupta was arrested in connection with a cheating case (PS Case No.34 of 2025) alleging fraud of Rs.2.29 crore in a land‑investment scheme. He contended that the entire amount was transferred by bank, that he had returned more money than he received, and that the dispute was essentially civil. The investigation was completed and a charge‑sheet filed, and the petitioner had been in custody since 21 September 2025. He applied for bail, arguing lack of risk of evidence tampering and that he was already on bail in two other cases. The court, noting the completed investigation, the return of funds, and the civil nature of the dispute, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether bail should be granted in a cheating case involving Sections 318(4), 336(3), 338, 340(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023.
- Whether the civil character of the monetary dispute and the return of funds negate the necessity for continued detention.
- Whether the completion of investigation and filing of charge‑sheet remove the risk of evidence tampering.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5), 351(2)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- cheating
- civil dispute
- monetary transaction
- Bhartiya Nyaya Sanhita
- CrPC
- Bhartiya Nagrik Suraksha Sanhita
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8825 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- DHAMOUL District- Nawada
======================================================
Raushan Kumar @ Raushan Kumar Gupta, Son of Prakash Sao, R/o Village -
Dhanaul, P.S. - Dhanaul, Dist. - Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Singh, Advocate
Mr. Ashutosh Kumar Pandey, Advocate
Mr. Shashi Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Dhamaul P.S. Case No.34 of 2025 registered for the
offences punishable under Sections 318(4), 336(3), 338,
340(2) and 351(2) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (for short ‘B.N.S.’).
3. The accused/petitioner is named in the FIR and is
in custody since 21.09.2025.
4. Allegation against petitioner is to cheat the
informant along with other co-accused persons/family
members on pretext of investment and purchase of land to
Patna High Court CR. MISC. No.8825 of 2026(2) dt.12-02-2026
2/3
the tune of Rs.2,29,16,498/-.
5. It is submitted by learned counsel appearing for
petitioner that the entire amount was transferred through
bank and in fact the petitioner has received only Rs.2,29,
16,498/- from the informant. It is submitted that the
petitioner has returned almost Rs.2,42,35,182/- to the
informant. It is pointed out that in view of same, the
petitioner returned more money than what he received from
the informant but, the informant’s side is claiming now that
Rs.66 Lakhs is further to be received from the petitioner. In
the background of the aforesaid, it is submitted that overall
allegation primarily suggest civil disputes between the parties
arising out of monetary transaction. While concluding
argument, it is submitted that investigation of this case is
already completed, for which, charge-sheet has been
submitted and, as such, there is no chance of tampering with
the evidence and moreover petitioner found involved in two
more criminal cases, where he is on bail.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
Patna High Court CR. MISC. No.8825 of 2026(2) dt.12-02-2026
3/3
7. In view of aforesaid factual submissions and by
taking note of fact as primarily the allegation raised in the
background of the monetary transaction, where almost
claimed money appears returned to the informant by
petitioner, coupled with the fact that investigation of this case
is already completed, where petitioner remains in custody
since 21.09.2025, accordingly, the petitioner, above-named,
is directed to be released on bail furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nawada in connection with Dhamaul P.S.
Case No.34 of 2025, subject to the conditions as laid down
under Section 437(3) of the Code of Criminal Procedure (for
short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.