Ram Pravesh Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Ram Pravesh Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the concerned Court in connection with Complaint Case No. 1256 of 2023.

Issue for consideration

Whether the petitioner, who was arrested after failing to comply with the trial court's bail condition requiring payment of the consideration amount, should be enlarged on regular bail notwithstanding the informant's opposition.

Ratio / Principle

Taking into account the facts and circumstances, mainly the nature of the allegation, the petitioner's fair and clean antecedents and his custody period, the court was inclined to release the petitioner on bail.

Key takeaways

The petitioner was ordered to be enlarged on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the concerned Court, in connection with Complaint Case No. 1256 of 2023.ratio¶5

Detailed headnote1 paragraphs

Bail granted — Patna High Court, Criminal Miscellaneous No.43538 of 2025 (oral order dated 21-07-2025, Justice Shailendra Singh, sole author). Ram Pravesh Yadav, booked in PS/Complaint Case No. 1256 of 2023 (Thana Gaya Complaint Case, District Gaya) for offences under Sections 406, 419, 420, 467 and 468 IPC, had been admitted to bail by the trial court subject to onerous conditions, notably payment of the consideration amount; on his inability to fulfil that condition he was arrested and had remained in jail since 24.07.2024, claiming fair and clean antecedents. The informant (O.P. No. 2, Binod Kumar) vehemently opposed bail, alleging the petitioner had cheated him of Rs. 8 lakhs taken as earnest money on the pretext of transferring a particular land and had defaulted on the trial court's repayment condition. Weighing the nature of the allegation, the petitioner's antecedents and custody period, the Court directed his enlargement on bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each to the satisfaction of the concerned Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43538 of 2025

Arising Out of PS. Case No.-1256 Year-2023 Thana- GAYA COMPLAINT CASE DistrictGaya

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

Ram Pravesh Yadav S/o Sarju Yadav @ Saryu Yadav R/o Village- Sadhu Chak, Pandey Parsawan, P.S.- Magadh Midical, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

Binod Kumar S/o Ramji Mahto R/o Village- Kujapi, P.S.- Chandauti, District- Gaya

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Adv. For the O.P. No. 2 : Mr. Ajay Kumar Sinha, Adv. For the State : Mr. Binod Kumar No. 3, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

3 21-07-2025

Heard Mr. Aryan Singh, learned counsel for the Petitioner, Mr. Ajay Kumar Sinha, learned counsel for the O.P. No. 2 and Mr. Binod Kumar No. 3, learned APP for the State.

2. Petitioner seeks regular bail in connection with Complaint Case No. 1256 of 2023 registered for the offences punishable under Sections 406, 419, 420, 467 and 468 of the Indian Penal Code.

3. The main submissions advanced by the petitioner’s counsel are that the instant matter relates to the civil wrong, though, the petitioner was granted bail by the trial court but some onerous conditions were imposed upon him particularly with regard to the payment of the consideration amount, which were not

Patna High Court CR. MISC. No.43538 of 2025(3) dt.21-07-2025 2/2

proper and therefore, the petitioner could not have fulfilled that condition and consequently he was arrested. It is further submitted that the petitioner has been languishing in jail since 24.07.2024 having fair and clean antecedent.

4. On the other hand learned counsel appearing for the informant has vehemently opposed the prayer for bail and submits that the petitioner has cheated the O.P. No. 2 by taking an earnest amount of Rs. 8 lakhs on the pretext of transferring of a particular land and he was bound to make the repayment of the said amount as per the condition imposed by the trial court while considering the regular bail prayer but he did not comply with the said condition, so, he does not deserve to any relief.

5. Considering the facts and circumstances of this case and mainly nature of allegation and also petitioner’s fair and clean antecedent and his custody period, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Complaint Case No. 1256 of 2023.

(Shailendra Singh, J)