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

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

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of Judicial Magistrate, Bhojpur at Ara, in connection with Bihiya P.S. Case No. 212 of 2025, subject to conditions under Section 482 of B.N.S.S. and with one bailor being a close relative of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Bihiya P.S. Case No. 212 of 2025 for offences under Sections 318(4) and 316(2) of the BNS, should be granted anticipatory bail.

Court's answer

Keeping in view the facts before it, the Court extended the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner shall be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- each with two sureties of like amount each, to the satisfaction of the Judicial Magistrate, Bhojpur at Ara, in connection with Bihiya P.S. Case No. 212 of 2025.

Key takeaways

The bail is subject to the conditions laid down under Section 482 of B.N.S.S., with the further condition that one of the bailors should be a close relative of the petitioner.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted – cheating/fraud by tour-and-travel operator (offences under Sections 318(4) and 316(2) BNS): Jitendra Kumar, apprehending arrest in Bihiya P.S. Case No. 212 of 2025 (District Bhojpur), was granted anticipatory bail by the High Court of Judicature at Patna. Per the prosecution story, the informant paid Rs. 60,000/- to Sanna International Tour and Travel for a ticket to Russia which was repeatedly cancelled; Pappu Pandey (office head), Jitendra Kumar, Abhishek Kumar and Jawahar Prasad were named as responsible, with other customers also allegedly affected. Petitioner's counsel contended he was merely an employee, received no customer money, and that Pappu Pandey was the main accused. The Court directed release on bail in the event of arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of like amount each before the Judicial Magistrate, Bhojpur at Ara, subject to the conditions of Section 482 B.N.S.S., with one bailor to be a close relative of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78338 of 2025

Arising Out of PS. Case No.-212 Year-2025 Thana- BIHIA District- Bhojpur

====================================================== Jitendra Kumar S/o- Mahangu Prasad Resident of village- Doghra PS- Bihiya District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

Mahesh Mallah S/o- Ram Pravesh Mallah R/v- Balua Ps- Brahmpur DistBhojpur

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar Singh For the Opposite Party/s : Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 19-11-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is apprehending his arrest in

connection with Bihiya P.S. Case No. 212 of 2025 for the offence under Sections 318(4) and 316(2) of the BNS.

As per the prosecution story, the informant has

alleged that he had approached the office of Sanna International Tour and Travel which deals in sending people abroad. He paid them Rs. 60,000/- but they repeatedly cancelled the ticket which was issued for Russia. The people responsible are: Pappu Pandey (office head), Jitendra Kumar, Abhishek Kumar, and Jawahar Prasad.

Patna High Court CR. MISC. No.78338 of 2025(2) dt.19-11-2025 2/3

Several other persons have also been affected by them. The office members have taken money but have not provided the promised service.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case by the informant. Petitioner has no knowledge about the alleged occurrence and no concern with the alleged occurrence. The petitioner is only an employee of that office. Learned counsel further submits that petitioner never received any amount from any customer as alleged in the F.I.R. and nothing incriminating has been recovered from his possession. The main accused in this case is Pappu Pandey

Learned APP opposes the prayer for bail.

Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial

Patna High Court CR. MISC. No.78338 of 2025(2) dt.19-11-2025 3/3

Magistrate, Bhojpur at Ara in connection with Bihiya P.S. Case No. 212 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., further condition is that one of the bailors should be close relative of the petitioner.

(S. B. Pd. Singh, J)

Ankit Kumar/-

U T