Patna High Court
RAMESH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail cannot be granted and cancelled the provisional bail due to the gravity of the offences and the petitioner's non‑compliance.
Summary
The petitioner, Ramesh Kumar, was charged under Sections 420, 406, 467-471 and 120B of the Indian Penal Code for deceiving an informant by promising a loan from LIC, obtaining documents, withdrawing the loan amount and paying installments in the informant's father's name, thereby defrauding approximately Rs. 35 lakh. He had earlier given an undertaking to return the amount within 14 months but failed to do so. Although provisional bail had been granted on 07-04-2025 and subsequently extended, the High Court cancelled that bail and examined whether regular bail should be granted in view of the seriousness of the offences and the petitioner's non‑compliance. The Court concluded that the nature and gravity of the allegations, coupled with the petitioner's conduct, warranted denial of regular bail. Consequently, the application for regular bail was rejected and the petitioner was directed to surrender within a week.
Issues considered
- Whether regular bail can be granted to a petitioner charged with multiple offences under the IPC including fraud and criminal conspiracy.
- Whether the provisional bail previously granted should be cancelled on account of the petitioner's failure to comply with his undertaking and the seriousness of the offences.
Legislation cited
- Indian Penal Code — s. 120, 406, 420, 467, 468, 469, 470, 471
Subjects
- regular bail
- provisional bail
- fraud
- cheating
- IPC
- defalcation
- non‑compliance
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89461 of 2024
Arising Out of PS. Case No.-337 Year-2024 Thana- RAMPUR District- Gaya
======================================================
Ramesh Kumar S/O Yadu Yadav @ Yadu Mahto R/O H.I.G. 28 Main Road
L.I.C. Office Sbs Colony, P.S.- Rampur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak
For the Opposite Party/s : Mr. Jharkhandi upadhyay, app
Mr. Abhay Kumar Roy
Mr. Dhirendra Kumar Sinha
Mr. Prashant kumar
Mr. Nishant kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 25-03-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the LIC Housing
Finance.
2. The petitioner seeks regular bail in connection with
Rampur P.S. Case No. 337 of 2024 registered for the offence
under Sections 420, 406, 467, 468, 469, 470, 471, and 120B of
the Indian Penal Code.
3. The allegation against the petitioner is that he
deceived the informant and his family by promising to arrange a
loan from L.I.C. and took their documents. He later claimed the
loan was not sanctioned, but the informant discovered that it had
been sanctioned when L.I.C. employees demanded installments.
Patna High Court CR. MISC. No.89461 of 2024(8) dt.25-03-2026
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Upon enquiry, the petitioner admitted that he had withdrawn the
loan amount and paid a few installments in the name of the
informant’s father.
4. Learned counsel for the petitioner submits that he
has no instructions in the matter. Earlier, the petitioner had
undertaken before this Court that he would return the defalcated
amount of approximately Rs. 35 lakh within 14 months, but not
even a single farthing has been deposited by the petitioner. It
appears that the petitioner is buying time after obtaining interim
protection from this Court.
5. The provisional bail granted to the petitioner by
order dated 07.04.2025, which was subsequently extended by
various orders, is hereby cancelled.
6. Considering the aforesaid facts and circumstances,
particularly the nature and gravity of the allegations, and the
conduct of the petitioner in not adhering to the undertaking
given before this Court, this Court is not inclined to grant
regular bail to the petitioner.
7. Accordingly, the application for regular bail is
hereby rejected.
8. If the petitioner doesn’t surrender within one week
from today then the Senior Superintendent of Police, Gaya will
Patna High Court CR. MISC. No.89461 of 2024(8) dt.25-03-2026
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take all steps for the arrest of the petitioner and submit a
compliance report on or before the next date of hearing.
9. Re-list this case after four weeks under the heading
“For Orders”.
10. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya through FAX or e-mail
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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