Patna High Court
Krishna Kumar Yadav @ K. K. Yadav @ Pradhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court held that, in view of the petitioner’s claim of innocence, absence of criminal antecedent and lack of evidentiary linkage to the alleged fraud, anticipatory bail should be granted subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
Krishna Kumar Yadav was implicated in a fraud case alleging a loss of Rs. 11,11,447, with charges under IPC sections 420, 406 and 506/34. The petitioner contended that he was in Malaysia at the time, that no money was credited to his account, and that the informant had falsely implicated him. He also highlighted his clean criminal record. The State opposed the anticipatory bail application. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within four weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with the conditions of Section 482(2) of the B.N.S.S. The order was pronounced by Justice S. B. Pd. Singh.
Issues considered
- Whether anticipatory bail is appropriate in a case involving alleged fraud under IPC sections 420, 406 and 506/34.
- Whether the petitioner’s claim of being abroad and lack of any money credited to his account defeats the prima facie case.
- Whether the petitioner is entitled to bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 34, 406, 420, 506
Subjects
- anticipatory bail
- fraud
- IPC 420
- IPC 406
- IPC 506
- bail bond
- sureties
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88825 of 2025
Arising Out of PS. Case No.-8 Year-2024 Thana- MAJHAULIA District- West Champaran
======================================================
Krishna Kumar Yadav @ K. K. Yadav @ Pradhan Kumar, S/o Subhash Yadav,
Resident of Village - Bithalpura, P.S - Buxar Industrial Area, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 420, 406, 506/34 of
the IPC.
3. Allegation against the petitioner is of committing
fraud of Rs. 11,11,447/- in the name of providing job to
informant and other persons in Malaysia.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
instant case by the informant. From perusal of the FIR, it
appears that no money has been credited in the petitioner’s
account and at the time of occurrence he was in Malaysia.
Hence, no case is made out under Section 420 and 406 of the
Patna High Court CR. MISC. No.88825 of 2025(2) dt.05-01-2026
2/2
IPC against the petitioner. As per para 3 of the bail application,
petitioner has no criminal antecedent.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the
event of his arrest or surrender before the learned trial court
within a period of four weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bettiah, West
Champaran, in connection with Majhauliya P.S. Case No.08 of
2024, subject to the conditions as laid down under Section
482(2) of the B.N.S.S.
(S. B. Pd. Singh, J)
khushbu/-
U T
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