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Sagar Narayan Tiwari Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

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Patna HC
2025
Sagar Narayan Tiwari Vs The State of BiharSagar Narayan Tiwari v. The State of Bihar

Dismissed¶¶19

Sagar Narayan Tiwari v. The State of Bihar

Patna HC1 May 2025CR. MISC./23249/2025

Case brief

AI extract

What is this about?

Anticipatory bail application rejected; Patna High Court; Rajiv Roy, J; 01-05-2025; CRIMINAL MISCELLANEOUS No.23249 of 2025; petitioner Sagar Narayan Tiwari; informant Rupesh Kumar Shrivastava; Rupaspur P.S. Case No.195 of 2023 dated 12.03.2023; offences under sections 406 and 420 IPC; alleged tender-fraud payment of Rs. 24,00,000/- cash and Rs. 26,00,000/- by account re Mines and Geology Department tender for Punpun Ghats; criminal antecedents at Rupaspur, Agamkuan, Budha Colony, Kolkata Lake and Alipore police stations; Court advised seeking (regular) bail.

What did the court decide?

Taking into account the allegation and the petitioner's criminal antecedents (five similar cases at Rupaspur, separate cases under Agamkuan and Budha Colony police stations, and about half a dozen before Kolkata Lake/Alipore police stations), the Court considered it advisable that the petitioner seek bail.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Rupaspur P.S. Case No. 195 of 2023 registered on 12.03.2023 for offences under sections 406 and 420 IPC.

Court's answer

Taking into account the allegation and the petitioner's criminal antecedents (five similar cases at Rupaspur, separate cases under Agamkuan and Budha Colony police stations, and about half a dozen before Kolkata Lake/Alipore police stations), the Court considered it advisable that the petitioner seek bail.

Ratio / Principle

On that basis, the anticipatory bail application of the petitioner is rejected.

Detailed headnote1 paragraphs

Anticipatory bail refused — Patna High Court (Rajiv Roy, J), Criminal Miscellaneous No.23249 of 2025, decided 01-05-2025. Sagar Narayan Tiwari, apprehending arrest in Rupaspur P.S. Case No.195 of 2023 (lodged 12.03.2023 by informant Rupesh Kumar Shrivastava, offences under sections 406 and 420 IPC), had sought pre-arrest bail. Per the prosecution story, the informant, a pharmacy businessman of RPS More, Bailey Road, Danapur, Patna, parted with Rs. 24,00,000/- in cash and Rs. 26,00,000/- by account transfer to the petitioner on the latter's representation that a tender granted by the Mines and Geology Department, Bihar for Punpun Ghats would lapse for want of funds; despite assurances the money was not returned. The learned APP drew attention to the petitioner's antecedents — five similar cases at Rupaspur, separate cases under Agamkuan and Budha Colony police stations, and half a dozen cases before Kolkata Lake/Alipore police stations. Considering the allegation and the criminal antecedent, the Court held it advisable that the petitioner seek bail, and the anticipatory bail application stood rejected.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23249 of 2025

Arising Out of PS. Case No.-195 Year-2023 Thana- RUPASPUR District- Patna

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

Sagar Narayan Tiwari S/o Shyam Narayan Tiwari @ Shiv Narayan Tiwari @ Narayan Tiwari Resident of Flat No 03, Block B, Shivpur, Chandra, Green, P.S.- Shivpur, District- Varanasi, Uttar Pradesh- 221003

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Priyajeet Pandey, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 01-05-2025 Heard Mr. Priyajeet Pandey, learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection with Rupaspur P.S. Case No. 195 of 2023 for the offence under sections 406 and 420 of the I.P.C. lodged on 12.03.2023 by the informant, Rupesh Kumar Shrivastava.

As per the prosecution story, the informant alleged that he is running a pharmacy business at RPS More, Bailey Road, Danapur, Patna and he came in contact with the petitioner who informed that he has been granted tender by Mines and Geology Department, Bihar for Punpun Ghats but due to insufficient funds, he is unable to continue it which may be cancelled. The informant trusted him which followed payment

Patna High Court CR. MISC. No.23249 of 2025(2) dt.01-05-2025 2/2

of Rs. 24,00,000/- in cash and Rs. 26,00,000/- in the account. However, despite assurances, the money was not returned and felt cheated, the FIR.

Though learned counsel for the petitioner tried his best to impress this Court that Covid-19 spoiled his future, learned APP has taken this Court to paragraph-3 to show that in Rupaspur itself, he has five criminal cases of the same nature under his belt beside separate cases under Agamkuan Police Station, Budha Colony Police Station as also half a dozen cases before Kolkata Lake Police Station/Alipore Police Station. He further submits that the case is of the year 2023 but two years later, he is seeking relief.

Considering the allegation as also the criminal antecedent, it is advisable that the petitioner seeks bail.

The anticipatory bail application stands rejected.

(Rajiv Roy, J)

Adnan/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Rupaspur P.S. Case No. 195 of 2023 registered on 12.03.2023 for offences under sections 406 and 420 IPC.¶¶13
The court held
Taking into account the allegation and the petitioner's criminal antecedents (five similar cases at Rupaspur, separate cases under Agamkuan and Budha Colony police stations, and about half a dozen before Kolkata Lake/Alipore police stations), the Court considered it advisable that the petitioner seek bail.ratio¶¶18

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code406 and 420¶¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR lodged on 12.03.2023 as Rupaspur P.S. Case No. 195 of 2023 for offences under sections 406 and 420 IPC by informant Rupesh Kumar Shrivastava; the petitioner apprehends arrest in that case.¶¶13
Prior proceeding
Prosecution story: informant, a pharmacy businessman at RPS More, Bailey Road, Danapur, Patna, alleges the petitioner induced payments on the strength of a claimed Mines and Geology Department tender for Punpun Ghats; Rs. 24,00,000 was allegedly paid in cash and Rs. 26,00,000 into the account; the money was not returned and the informant felt cheated.¶¶16
Prior proceeding
Criminal antecedent pointed out by the learned APP: five criminal cases of the same nature at Rupaspur besides separate cases under Agamkuan Police Station and Budha Colony Police Station.¶¶17
Prior proceeding
Further antecedent: about half a dozen cases before Kolkata Lake Police Station/Alipore Police Station.¶¶17

Parties & counsel

AI extract

petitioner
Sagar Narayan Tiwari¶¶4
Priyajeet Pandey
respondent
The State of Bihar¶¶7
Uday Pratap Singh
other
Rupesh Kumar Shrivastava¶¶13

Coram

AI extract

RAJIV ROYauthor¶¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 1 May 2025 · May
Registered: 7 Apr 2025
Case no.: CR. MISC./23249/2025
CNR: BRHC010300482025
Topic: Cheating and Forgery
Bench: Rajiv Roy
Disposal: BAIL REJECTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Sagar Narayan Tiwari v. The State of Bihar, CR. MISC./23249/2025 (PAT), decided on 1 May 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code406 and 420

View all statutes

Procedural history4

FIR lodged on 12.03.2023 as Rupaspur P.S. Case No. 195 of 2023 for offences under sections 406 and 420 IPC by informant Rupesh Kumar Shrivastava; the petitioner apprehends arrest in that case.
Prosecution story: informant, a pharmacy businessman at RPS More, Bailey Road, Danapur, Patna, alleges the petitioner induced payments on the strength of a claimed Mines and Geology Department tender for Punpun Ghats; Rs. 24,00,000 was allegedly paid in cash and Rs. 26,00,000 into the account; the money was not returned and the informant felt cheated.

View full history

Bench / Coram

RAJIV ROY

Parties & counsel