Bhavesh Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Bhavesh Kumar Singh Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to both petitioners: release on arrest or surrender within four weeks before the learned district court (ACJM Ist, Jhanjharpur, District Madhubani/concerned court), on bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each, subject to conditions under Section 438(2) of Cr.P.C.; order to lose force automatically on discovery of undisclosed criminal antecedents; copy ordered communicated to the Principal District & Sessions Judge, Madhubani; bail application disposed of.

Issue for consideration

Whether the petitioners are entitled to be released on pre-arrest bail in connection with Jhanjharpur P.S. Case No. 32 of 2023, registered for offences punishable under Sections 406 and 420 IPC, notwithstanding that the charge-sheet had already been submitted. +1 more

Court's answer

The petitioners appear to have made out a prima facie case to be released on pre-arrest bail.

Ratio / Principle

The learned district court's observation that the investigation was still ongoing was incorrect: the petitioners brought on record the charge-sheet submitted on 15.06.2023 under Sections 406 and 420/34 of IPC, much before the bail application was filed.

Key takeaways

The learned district court was directed to correct itself and be cautious before recording information affecting the merit of the case.ratio¶22
The petitioners are directed to be released on pre-arrest bail on their arrest or surrender before the learned district court within four weeks, on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of Cr.P.C.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), order dated 19-02-2025 in CR. MISC. No.3731 of 2025, granted pre-arrest bail to two petitioners in connection with Jhanjharpur P.S. Case No. 32 of 2023 (District Madhubani), registered for offences punishable under Sections 406 and 420 IPC. Learned counsel for the petitioners submitted that their case was covered by the law laid down by the Apex Court in Bimla Tiwari vs. State of Bihar & Ors. (SLP (Crl.) Nos. 834-835 of 2023) and pointed out that the district court's impugned order wrongly recorded the investigation as still ongoing, whereas a charge-sheet under Sections 406 and 420/34 IPC had been submitted on 15.06.2023, well before the bail application. Finding a prima facie case, the Court directed the district court to correct itself and be cautious in recording facts affecting the merits, and released the petitioners on pre-arrest bail upon arrest or surrender within four weeks, on a bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; the order would automatically lose force if undisclosed criminal antecedents surfaced. Copy ordered to the Principal District & Sessions Judge, Madhubani; application disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3731 of 2025

Arising Out of PS. Case No.-32 Year-2023 Thana- JHANJHARPUR District- Madhubani

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

Bhavesh Kumar Singh Son of Late Bindeshwer Singh

Sapna Kumari Wife of Bhavesh Kumar Singh Both are resident of of Village - Belha, P.S. - Phulparas, District - Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash, Advocate For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP

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

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 19-02-2025

Heard learned counsel appearing on behalf of the

petitioners and the learned APP for the State.

Petitioners seek pre-arrest bail in connection with Jhanjharpur P.S.Case No.32 of 2023 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code .

It is submitted by the learned counsel appearing on behalf of the petitioners that the case of the petitioners is covered by the law laid down by the Apex Court in the case of Bimla Tiwari vs. State of Bihar & Ors. passed in SLP (Crl.) Nos. 834-835 of 2023, however, he informs that the learned district court has incorrectly observed in the impugned order that the investigation is still going on. He informs that from perusal of Annexure ‘2’, it appears that the charge-sheet was

Patna High Court CR. MISC. No.3731 of 2025(2) dt.19-02-2025 2/3

already submitted against the petitioners under Sections 406 & 420/34 of IPC and they seek pre-arrest bail.

I find that the learned district court has observed that the investigation is still going on and the petitioners were granted benefit under Section 41(1) of Cr.P.C. whereas the petitioners have brought on record the charge-sheet, which was submitted on 15.06.2023 under Sections 406 and 420/34 of IPC much before the bail application was filed before the learned district court.

Considering the aforesaid informations, the learned district court is directed to correct himself and must be cautious before recording any information, which affects the merit of the case.

The petitioners appear to have made out prima facie a case to be released on pre-arrest bail.

Considering the aforesaid facts and circumstances of the case, the the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction

of learned ACJM Ist, Jhanjharpur, District

Patna High Court CR. MISC. No.3731 of 2025(2) dt.19-02-2025 3/3

Madhubani/concerned court, in connection with Jhanjharpur P.S.Case No.32 of 2023, subject to conditions as laid down under Section 438(2) of Cr.P.C.

The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

The present bail application is accordingly disposed

of.

Let a copy of this order be communicated to the learned Principal District & Sessions Judge, Madhubani.

(Purnendu Singh, J)

chn/- U