Abhishek Nand Gautam @ Sonu Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Abhishek Nand Gautam @ Sonu Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within eight weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIV, Patna, subject to section 438(2) CrPC conditions and to deposit of Rs. 5 lacs in the Nazarat at the bond stage plus Rs. 11,91,500/- in four equal instalments within four months; default entitles the court below to cancel the bail bonds; deposits subject to the final result of the criminal case.

Issue for consideration

Whether the petitioner, who apprehends arrest in Phulwarisharif Police Station Case No. 709 of 2024 (offences under sections 420, 467, 468, 341, 323, 504, 506, 325/34 IPC), should be enlarged on bail in the event of arrest/surrender. +1 more

Court's answer

Prayer for bail of the petitioner is allowed: in the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate XIV, Patna, subject to the conditions under section 438(2) CrPC and the deposit conditions below.

Ratio / Principle

Bail is conditioned on the petitioner depositing Rs. 5 lacs in the Nazarat of the court below at the time of furnishing the bail bond.

Key takeaways

The balance of Rs. 11,91,500/- is to be deposited by the petitioner in four equal instalments within four months thereafter.ratio¶¶18
If the petitioner fails to comply with these directions, the court below is at liberty to cancel the petitioner's bail bonds.ratio¶¶19
The order has been passed only for the purpose of grant of bail, without going into the merits of the case, and the deposits are subject to the final result of the criminal case.

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Judicature at Patna, Criminal Miscellaneous No.14472 of 2025 (order dt. 06-05-2025, Prabhat Kumar Singh, J): Abhishek Nand Gautam @ Sonu, apprehending arrest in Phulwarisharif P.S. Case No. 709 of 2024 (Patna) for offences under sections 420, 467, 468, 341, 323, 504, 506, 325/34 IPC — the prosecution case being that he and his mother took Rs. 59.50 lacs from the informant and others on the pretext of providing jobs — was allowed bail in the event of arrest/surrender within eight weeks, on a Rs.10,000/- bond with two like sureties to the satisfaction of the Additional Chief Judicial Magistrate XIV, Patna, subject to section 438(2) CrPC and to deposit conditions flowing from his supplementary-affidavit undertaking to pay Rs. 16,91,500/-: Rs. 5 lacs in the Nazarat at the bond stage and the balance Rs. 11,91,500/- in four equal instalments within four months, failing which the court below may cancel the bonds. The order was expressly passed without going into the merits, the deposits being subject to the final result of the criminal case.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14472 of 2025

Arising Out of PS. Case No.-709 Year-2024 Thana- PHULWARISHARIF District- Patna

======================================================

Abhishek Nand Gautam @ Sonu S/O Rama Nand Ram Resident of Vidyawati Niwas, FCI Road, Prakash Nagar, P.S.- Phulwarisharif, Dist.- Patna, Bihar801505 ... Petitioner/s

Versus The State of Bihar ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajni Kant Singh, Advocate For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P. Mr. DK Singh, Advocate

The State of Bihar ... Opposite Party/s

======================================================

======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 06-05-2025 Heard learned counsel for the petitioner, the State and the informant.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 467, 468, 341, 323, 504, 506, 325/34 of the Indian Penal Code.

As per the prosecution case, petitioner (who is son of Former Dy. S.P.) and his mother took Rs. 59.50 lacs from the informant and others on the pretext of providing them job but they neither provided job nor did they return the money.

It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. Informant himself has given contradictory statement regarding payment of money and preparation of alleged agreement inasmuch as he states that money was given for providing job and subsequently an agreement was entered by one Sarvesh Kumar, who is not informant and petitioner showing the money to be a debt amount which falsifies and contradicts allegation of taking money for providing job. By filing supplementary affidavit, learned counsel for the petitioner submits that without admitting guilt and without prejudice to his right and contention, petitioner is ready and willing to make payment of Rs. 16,91,500/- (Rupees Sixteen Lakhs Ninety One

Patna High Court CR. MISC. No.14472 of 2025(4) dt.06-05-2025 2/2

Thousand and Five Hundred Only) as per the documents of bank account transactions enclosed with the F.I.R. in connection with the present case in instalments in the Nazarat of the concerned Civil Court, subject to outcome of the case.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged 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 Additional Chief Judicial Magistrate XIV, Patna in Phulwarisarif Police Station Case No. 709 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on following conditions:-

(i) At the time of furnishing bail bond, Rs. 5 lacs shall be deposited by the petitioner in the Nazarat of the Court below.

(ii) Rest amount of Rs. 11,91,500/- shall be deposited by the petitioner in four equal installments within four months thereafter.

(iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

It is made clear that without going into the merit of the case, aforesaid order has been passed only for the purpose of grant of bail and this deposit would be subject to the final result of the criminal case.

Shashi U T

(Prabhat Kumar Singh, J)