Patna High Court
Manvendra Raj @ Gourav SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner has made out a prima facie case for anticipatory bail and the High Court granted it subject to conditions.
Summary
Manvendra Raj was implicated in a case registered under Sections 406 and 419 of the IPC for allegedly selling electrical material supplied under a subcontract and failing to return it, causing loss to the informant firm. He applied for anticipatory bail, offering a bank draft of Rs 3,00,000 to the informant as security. The State opposed the bail, but the High Court found that the petitioner had shown bona‑fide intent by arranging the draft and therefore satisfied the criteria for anticipatory bail. The Court directed the District Court to release the petitioner on anticipatory bail if arrested, subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and acceptance of the bank draft. The Court also ordered verification of any pending criminal antecedents, stating that the order would lapse if another case is found. The application was disposed of with the grant of anticipatory bail under the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations under Sections 406 and 419 IPC
- Whether the security of a Rs 3,00,000 bank draft constitutes sufficient bona‑fide assurance for bail
Legislation cited
- Criminal Procedure Code — s. 438, 482
- Indian Penal Code — s. 406, 419
Subjects
- anticipatory bail
- section 406 IPC
- section 419 IPC
- section 438 CrPC
- section 482 CrPC
- bail bond
- security deposit
- criminal breach of trust
- cheating
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9951 of 2026
Arising Out of PS. Case No.-33 Year-2020 Thana- SASARAM NAGAR District- Rohtas
======================================================
Manvendra Raj @ Gourav Singh S/o Manoj Singh @ Manoj Kumar Singh
Resident of Village- Raipurchor, P.S.- Sheosagar, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anmol Agrawal S/o Manish Kuar Agrawal Resident of S8/A, Rampur
Garden, Bareli (U.P.)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prasad Singh, Advocate
Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
For the O.P. No.2 : None.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-05-2026 Heard Mr. Rakesh Singh, learned counsel appearing
on behalf of the petitioner and Mr. Abhay Kumar Roy, learned
APP appearing on behalf of the State. However, no one appears
on behalf of the O.P. No.2.
2. The petitioner apprehends his arrest in connection
with Sasaram (T) P.S. Case No. 33 of 2020 registered under
Sections 406, 419 of the Indian Penal Code.
3. As per the allegation made in the FIR, on the
written report of the informant, Proprietor of Mishrilal
Associates Pvt. Ltd., alleging that under a sub-contract for
electrical work, materials (Dog conductor) were issued to the
petitioner, who instead of utilizing the same, allegedly sold the
Patna High Court CR. MISC. No.9951 of 2026(3) dt.06-05-2026
2/3
materials to a third person and failed to return them despite
repeated demands, thereby causing loss to the informant firm.
4. Learned counsel appearing on behalf of the
petitioner submitted that in compliance of the order dated
26.02.2026, the petitioner has already prepared a bank draft of
Rs. 3,00,000/- (Rupees Three Lakhs) in favour of Anmol
Agrawal bearing D.D. No. 000209821013705 of Bank of India,
and the details have been brought on record by way of
Annexure-2 to the supplementary affidavit. The petitioner is
ready to hand over the said demand draft at the time of
furnishing bail bond.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, upon perusal of the materials available
on record, particularly in view of the fact that the petitioner has
shown bona fide by arranging a demand draft of Rs. 3,00,000/-
in favour of the informant, I am of the opinion that the petitioner
has, prima facie, made out a case to be released on anticipatory
bail.
7. The learned District Court is directed to release the
petitioner on anticipatory bail, in the event of his arrest or
Patna High Court CR. MISC. No.9951 of 2026(3) dt.06-05-2026
3/3
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Sasaram (T) P.S. Case No. 33 of 2020,
subject to the condition as laid down under Section 482 of the
BNSS//438(2) of the Cr.P.C. The learned District Court may
accept the bank draft of Rs. 3,00,000/- payable to the informant
at the time of furnishing bail bonds before the learned District
Court.
8. The learned District Court is also directed to
verify the criminal antecedent of the petitioner, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
9. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.