Patna High Court
Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to bond and conditions.
Summary
Rajiv Kumar, a chartered accountant, was implicated in a fraud case where he allegedly drafted a partnership deed for a new firm that used a name similar to his client’s company, leading to accusations of cheating and criminal conspiracy under several IPC sections. He applied for anticipatory bail, arguing that he merely prepared the deed in good faith, had no involvement in the alleged fraud, and possessed a clean criminal record. The State opposed the bail, contending that as the company’s auditor he should have refrained from such drafting and was complicit with the other accused. The court, after considering the facts, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions including personal appearance and verification of antecedents. The order emphasized that the bail conditions are not to delay the verification process and that any observations made are not binding during trial.
Issues considered
- What is the appropriateness of granting anticipatory bail to a chartered accountant accused of drafting a partnership deed that allegedly facilitated fraud?
- Whether the petitioner’s role as an auditor and drafter of the deed amounts to participation in the alleged offences under IPC sections 406, 419, 420, 467, 468, 469, 506 and 34.
- Whether the petitioner’s clean antecedent and claim of lack of knowledge of fraud justify bail under Section 482 of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 406, 419, 420, 467, 468, 469, 506
Subjects
- anticipatory bail
- chartered accountant
- partnership deed
- fraud
- Indian Penal Code
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92029 of 2025
Arising Out of PS. Case No.-357 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
Rajiv Kumar Son of Arun Kumar Sahi @ Arun Kumar Shahi Resident of
Village- Rewasi, Po- Rewasi, Ps- Riga,Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Patliputra P.S. Case No. 357 of 2025
instituted for the offences punishable under Sections 406, 419,
420, 467, 468, 469, 506 and 34 of the Indian Penal Code.
3. The prosecution case is to the effect that the
informant has alleged that the petitioner being the Auditor
(C.A.) had drafted a partnership deed for the directors of the
company of the informant namely Hopecon Infra Projects
Private Limited with similar name as that of the company,
namely Hopecon Infra Contractors and thereby helped other
accused persons.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.92029 of 2025(3) dt.23-02-2026
2/4
petitioner is admittedly the Auditor of the informant’s company
namely Hopecon Infra Projects Private Limited and at best if the
allegations are taken on its face value the petitioner is said to
have drafted a partnership deed of the other directors of the
company namely Hopecon Infra Projects Private Limited who
had gone on to make a partnership firm with the name Hopecon
Infra Contractors. It has been submitted that the allegations of
monetary loss to the original company can at best be attributed
to the partners of the new firm and not on the petitioner who has
merely prepared the deed and has no concern with the
partnership firm or the company. It has further been submitted
that the petitioner as a C.A. had acted bonafidely without being
aware that any fraud was being committed by the partners of the
firm. It has lastly been submitted that the petitioner has clean
antecedent and no wrong has been committed by the petitioner
which would attract any criminal offence.
5. Learned APP appearing on behalf of the State as
well as learned counsel for the informant vehemently opposed
the prayer for anticipatory bail of the petitioner and have stated
that the petitioner being the C.A. of the company namely
Hopecon Infra Projects Private Limited had to restrain himself
from drafting a deed for the new partnership firm and therefore
Patna High Court CR. MISC. No.92029 of 2025(3) dt.23-02-2026
3/4
he was also in connivance with the other accused persons.
6. Considering the facts and circumstances of the case
and taking into account the nature of allegation, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
X, Patna in connection with Patliputra P.S. Case No. 357 of
2025, subject to the conditions as laid down under Section 482
of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
Patna High Court CR. MISC. No.92029 of 2025(3) dt.23-02-2026
4/4
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
Checking your session…