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Patna High Court

Rajiv KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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          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
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                      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


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