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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: release on bail, upon arrest or surrender before the court below within thirty days of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Danapur, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and the Court's additional conditions (trial attendance/co-operation, non-tampering, antecedent verification without delay of bond acceptance).

Issue for consideration

Whether the petitioner, apprehending arrest in Maner P.S. Case No. 410 of 2023 (F.I.R. dated 02.06.2023) for offences punishable under Sections 379 and 420 IPC, should be granted anticipatory bail.

Court's answer

The Court granted anticipatory bail: the petitioner, above named, is to be released on bail in the event of arrest or surrender before the court below within thirty days from the date of receipt of the order.

Ratio / Principle

Release is conditioned on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Danapur.

Key takeaways

The bail is subject to the statutory conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.ratio¶22
Additional conditions imposed: petitioner to co-operate in the trial and remain physically present (bail bond cancellable on absence on two consecutive dates without sufficient reason); prosecution free to move for cancellation if petitioner tampers with evidence or witnesses; court below to verify criminal antecedents and cancel the bail bond if concealment is found — but acceptance of the bail bond in terms of the order shall not be delayed for purposes of or in the name of verification.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court (Hon'ble Rajesh Kumar Verma, J), CR. MISC. No.43174 of 2025, order dt. 15-11-2025: allowed anticipatory bail to petitioner Dhanjee Kumar, apprehending arrest in Maner P.S. Case No. 410 of 2023, F.I.R. dated 02.06.2023, for offences punishable under Sections 379 and 420 IPC (alleged withdrawal of Rs. 30,200/- from the informant's bank account in two transactions). This was the petitioner's second anticipatory bail application, the first having been rejected on 27.02.2024 in Cr. Misc. No. 63456 of 2023; the second was supported by the ground that the petitioner had already paid the amount almost in question, and the informant confirmed receipt of Rs. 30,200 from him. Release ordered on arrest/surrender within thirty days, on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Judicial Magistrate-1st Class, Danapur, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, plus conditions of trial co-operation and physical presence (bond cancellable on two consecutive absences without sufficient reason), liberty to prosecute to seek cancellation on tampering with evidence/witnesses, and antecedent verification by the court below (concealment to trigger cancellation) — without delaying bond acceptance for verification.