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Patna High Court

Raushan Kumar @ Raushan Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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