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Patna High Court

Sanjay Kumar @ Sanjay Singh @ Sanjay Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail because the petitioner had refunded the alleged amount and possessed a clean antecedent, subject to Section 438(2) CrPC conditions.

Summary

The petitioner, Sanjay Kumar, was implicated in a fraud case alleging cheating of Rs. 11,59,350 for a promised railway job, with charges under several IPC sections and Section 138 of the Negotiable Instruments Act. The petitioner claimed that only Rs. 30,000 was transferred and that he had refunded this amount to the informant via Google Pay on 06‑09‑2025. He sought anticipatory bail, asserting a clean antecedent. The State opposed the bail. The court, noting the refund, the petitioner’s clean record, and the material on record, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the pending charges and the alleged refund of the defrauded amount?

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • fraud
  • IPC
  • Negotiable Instruments Act
  • Section 438 CrPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88475 of 2025
                  Arising Out of PS. Case No.-10 Year-2022 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Sanjay Kumar @ Sanjay Singh @ Sanjay Kumar Singh S/o- Baliram Singh
                 Village- 204 Awadh Residency B Block 2nd Floor SK Puram opposite lalu
                 yadav khatal, PS- Danapur District- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                      Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 419, 420, 467, 468, 471,

                   472, 506, 120(b) of the Indian Penal Code and Section 138 of

                   the Negotiable Instruments Act.

                                3 . The allegation against the petitioner is that he

                   along with other named co-accused persons, cheated the

                   informant for a sum of Rs. 11,59,350/- in lieu providing job of

                   Group ‘D’ in the Indian Railways.

                                4. Learned counsel appearing for the petitioner

                   submits that as per F.I.R. Rs. 30,000/- was transferred in the

                   account of this petitioner for the alleged job . It is further
            Patna High Court CR. MISC. No.88475 of 2025(2) dt.10-02-2026
                                                         2/2




                      submitted that he has already refunded the aforesaid amount in

                      the bank account of informant through Google pay as on

                      06.09.2025 vide UPI transaction ID 524956168300. Petitioner

                      claims clean antecedent.

                                   5 . Learned counsel for the State opposed the bail.

                                   6. Considering the fact that petitioner has already

                      refunded the alleged amount in the account of informant,

                      materials available on record and circumstances of the case ,

                      this anticipatory bail is allowed and it is ordered that let the

                      above named petitioner in the event of their arrest/surrender

                      before the court below within a period of eight weeks from

                      today, be enlarged on bail on furnishing bail-bond of Rs.

                      10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of J M Ist Class, Manjhaul ( Begusarai )

                      District-     Begusarai       in    connection       with   Khodawandpur

                      (Chhourahi O.P.) P. S. Case No. 10 of 2022 , subject to

                      condition as laid down under Section 438(2) of the Code of

                      Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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