Patna High Court
Sanjay Kumar @ Sanjay Singh @ Sanjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120(b), 419, 420, 467, 468, 471, 472, 506
- Negotiable Instruments Act — s. 138
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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