Allowed¶36

Ujjawal Kumar v. The State of Bihar

Patna HC11 Dec 2025CR. MISC./82524/2025

Case brief

AI extract

What is this about?

Bail granted; tractor-loan fraud case; B.N.S. Sections 318(4), 338, 336(3), 316(2), 3(5); forged documents; Rs. 2,68,00,139/- disbursed by L & T Finance; co-accused Amrit Kumar kingpin; petitioners Ujjawal Kumar and Praduman Kumar mere loanees with outstanding loan, no role in cheating; bail bond Rs. 10,000/- each with two like sureties; A.C.J.M.-II Danapur, Patna; informant free to sue for loan recovery; Patna High Court Cr. Misc. Nos. 82524 and 82753 of 2025; decided 11-12-2025.

What did the court decide?

Both petitioners directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna, in connection with Rupaspur P.S. Case No. 91 of 2025; informant (L & T Company) at liberty to sue at a proper forum for recovering the loan.

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

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the petitioners, arraigned in Rupaspur P.S. Case No. 91 of 2025 for offences punishable under Sections 318(4), 338, 336(3), 316(2) and 3(5) of the B.N.S., should be enlarged on bail. +1 more

¶26

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances, the Court was inclined to enlarge the petitioners on bail.

¶36

Ratio / Principle

From perusal of the record, co-accused Amrit Kumar is the kingpin on whose instance the transactions took place.

¶35

Key takeaways

Although the petitioners are admittedly loanees with outstanding loan against them, the Court found no role of these petitioners in the cheating.ratio¶35
The informant, L & T Company, is at liberty to sue the petitioners at a proper forum for recovering the loan.ratio¶39

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J, oral order dated 11-12-2025) enlarged petitioners Ujjawal Kumar and Praduman Kumar on bail in Criminal Miscellaneous Nos. 82524 and 82753 of 2025, arising out of Rupaspur P.S. Case No. 91 of 2025, registered for offences punishable under Sections 318(4), 338, 336(3), 316(2) and 3(5) of the B.N.S. Prosecution case: informant is Regional Sales Manager, L & T Finance, Patna; co-accused Amrit Kumar, in collusion with different persons, allegedly got loan of Rs. 2,68,00,139/- disbursed for purchase of tractors on the basis of forged documents, the petitioners being among the loanees. Counsel for the informant contended the loan and tractor were received and installments later stopped; petitioners claimed false implication, receipt of neither money nor tractor, no criminal antecedent, and custody since 24.08.2025. The Court found Amrit Kumar the kingpin of the transactions and, while admitting the petitioners were loanees with outstanding loan, found no role of the petitioners in the cheating. Bail granted on bond of Rs. 10,000/- each with two like sureties to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna; the informant company left at liberty to sue at a proper forum for recovery of the loan.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82524 of 2025

¶2

Arising Out of PS. Case No.-91 Year-2025 Thana- RUPASPUR District- Patna

¶3

====================================================== Ujjawal Kumar, Son of Jai Kishore Rai, R/o - Rahar Diara, P.S.- Sonpur, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶8

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

¶9

with

¶10

CRIMINAL MISCELLANEOUS No. 82753 of 2025

¶11

Arising Out of PS. Case No.-91 Year-2025 Thana- RUPASPUR District- Patna

¶12

====================================================== Praduman Kumar, Son of Laxman Rai, Resident of Pahleja Sahpur Diara, P.S.- Sonpur, District - Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶17

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

¶18

Appearance :

¶19

(In CRIMINAL MISCELLANEOUS No. 82524 of 2025) For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 82753 of 2025) For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP

¶20

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

¶21

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶22

3 11-12-2025

¶23

Heard learned counsel for the petitioners, learned

¶24

counsel for the informant and learned APP for the State.

¶25

The petitioners have prayed for bail in connection

¶26

with Rupaspur P.S. Case No. 91 of 2025 registered for the offence punishable under Sections 318(4), 338, 336(3), 316(2) and 3(5) of the B.N.S.

¶27

Patna High Court CR. MISC. No.82524 of 2025(3) dt.11-12-2025 2/4

¶28

The case of the prosecution, in short, is that the informant is the Regional Sales Manager, L & T Finance, Patna, a non-banking finance company registered by R.B.I. It is further alleged that co-accused Amrit Kumar in collusion with different persons on the basis of forged documents got disbursed loan of Rs. 2,68,00,139/- for the purchase of tractor to different persons. These petitioners are one of the loanees.

¶29

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Their documents have been used by accused Amrit Kumar for cheating them and that they have received neither single penny nor any tractor. They are simple man having no knowledge regarding the transaction. Petitioners are having no criminal antecedent and they are languishing in judicial custody since 24.08.2025.

¶30

The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant has submitted and filed certain documents to show that the amount was disbursed in the loan account of the petitioners. Even they have repaid certain installments and after some time, they stopped paying the installments of the loan. Their other documents show that they

¶31

Patna High Court CR. MISC. No.82524 of 2025(3) dt.11-12-2025 3/4

¶32

have also received the tractor. Learned counsel for the informant has further submitted that though the petitioners have received the loan and the tractor as well but it seems that they have sold the tractor and they are not willing to pay the loan.

¶33

Heard the learned counsel for the parties and perused

¶34

the record.

¶35

From perusal of the record, it is clear that in these transactions, one Amrit Kumar is the kingpin on whose instance, these transactions have taken place. On being asked, the petitioners have told that they have nothing and they are not able to repay their loan. Admittedly, they are loanee and there is outstanding loan against them but as far as the the factum of cheating is concerned, I do not find that there is any role of these petitioners.

¶36

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna in connection with Rupaspur P.S. Case No.91 of 2025.

¶37

However, the informant, L & T Company is at liberty

¶38

Patna High Court CR. MISC. No.82524 of 2025(3) dt.11-12-2025 4/4

¶39

to sue them at proper forum for recovering the loan.

¶40

(Ashok Kumar Pandey, J)

¶41

lata/-

¶42

U T

Ujjawal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ujjawal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Wiman Sah Vs The State of Bihar

Tabir Khan Vs The State of Bihar

Md. Shabir @ Md. Shaabir Vs The State of Bihar

Praduman Kumar Vs The State of Bihar

Monu Rai @ Manu Rai @ Manu Kumar Rai Vs The State of Bihar

Suraj Kumar @ Deepu Vs The State of Bihar