Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioners are entitled to anticipatory bail as the allegations do not warrant denial and the conditions of Section 438(2) CrPC are satisfied.
Summary
The petitioners, Jitendra Kumar Pandey and Niranjan Kumar, feared arrest in Laheri Police Station Case No.453 of 2023, which alleged offences under Sections 419, 420, 406, 506, 379, 504 and 34 of the IPC for cheating students by promising college admissions in Bangalore. They contended that the alleged occurrence was in Bangalore, not in Gaya, and that they were falsely implicated. The State opposed their request for anticipatory bail. The Court examined the allegations and the jurisdictional aspect, and concluded that the petitioners were entitled to bail. Accordingly, the application for anticipatory bail was allowed, directing release on a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 419, 420, 406, 506, 379, 504 and 34 IPC.
- Whether the place of occurrence being outside the local jurisdiction affects the grant of anticipatory bail.
- Whether the allegations against the petitioners justify denial of anticipatory bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 34, 379, 406, 419, 420, 504, 506
Subjects
- anticipatory bail
- IPC offences
- fraud
- college admission scam
- bail conditions
- CrPC Section 438
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39907 of 2025
Arising Out of PS. Case No.-453 Year-2023 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Jitendra Kumar Pandey S/O Late Dayanand Pandey Resident of Village-
Rubio, P.S. Sirdalla, P.O.- Bargaon, District- Nawada. At Present Bailey Road
Near Indian Gas Godown, P.s.- Rupaspur, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Ashok Pandey S/O Late Subhash Pandey R/O Devi Colony, Muhalla- Bari
Pahari, P.o.- Bari Pahari, P.s.- Laheri, Dist.- Nalanda- 803101
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88972 of 2025
Arising Out of PS. Case No.-453 Year-2023 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Niranjan Kumar Son of Uma Sinha Resident of Mohalla- Subhash Nagar,
Road No. 12, Jaganpura, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 39907 of 2025)
For the Petitioner/s : Mr.Manoj Priyadarshi, Sr. Advocate
Mr.Surendra Kumar Mishra, Advocate
For the State : Mr.Sunil Kumar Pandey, APP
For the Informant : Mr.Lal Mani Sharma, Advocate
(In CRIMINAL MISCELLANEOUS No. 88972 of 2025)
For the Petitioner/s : Mr.Manoj Priyadarshi, Sr. Advocate
Mr.Amit Kumar Singh, Advocate
For the State : Mr.Sunil Kumar Pandey,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
10 17-02-2026 Heard Mr. Manoj Priyadarshi, learned Senior
Counsel for the petitioners, Mr. Lal Mani Sharma, learned
counsel for the informant in Cr. Misc. No. 39907 of 2025 and
Mr. Sunil Kumar Pandey, learned APP for the State.
Patna High Court CR. MISC. No.39907 of 2025(10) dt.17-02-2026
2/3
2. The petitioners apprehend their arrest in
connection with Laheri P.S. Case No. 453 of 2023 registered for
the offence under Sections 419, 420, 406, 506, 379, 504 and 34
of I.P.C.
3. As per the prosecution case, petitioner
introduced Niranjan Kumar who promised students of
admission in various colleges at Bangalore, including nursing
colleges. Students paid fees and submitted certificates and large
sums were deposited in related bank accounts. Out of 180
students, only 29 secured admission. It is alleged that Niranjan
Kumar cheated students, leading to registration of an FIR.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that
from reading of the FIR, it appears that the place of occurrence
is Bangalore and no occurrence has taken place in the town or
district of Gaya. Petitioner namely, Jitendra Kumar Pandey has
clean antecedent and petitioner, namely Niranjan Kumar has one
criminal antecedent.
5. Learned counsel for the informant as well as
learned A.P.P. for the State opposes the prayer for anticipatory
bail of the petitioners.
Patna High Court CR. MISC. No.39907 of 2025(10) dt.17-02-2026
3/3
6. Considering the aforesaid facts, this
application is allowed.
7. Let the petitioners, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Nalanda/ concerned Court below in connection with
Laheri P.S. Case No. 453 of 2023, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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