Ashok Kumar Baranwal Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

Ashok Kumar Baranwal Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail allowed: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 140 of 2025, subject to Section 482(2) Bharatiya Nagrik Suraksha Sanhita, 2023 conditions, with one bailor to be the petitioner's own/close family member.

Issue for consideration

Whether the petitioner, who apprehends arrest in Kudra P.S. Case No. 140 of 2025 registered for offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, is entitled to be released on pre-arrest (anticipatory) bail.

Court's answer

Pre-arrest bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the court below within four weeks from receipt/production of a copy of the order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 140 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family member of the petitioner.

Ratio / Principle

The grant of bail rested on the Court taking note of: (i) the dispute having arisen on account of a commercial transaction which has now been compromised between the parties, (ii) the petitioner bearing fair antecedent, and (iii) the delay in lodging of the FIR.

Detailed headnote1 paragraphs

Pre-arrest bail — granted. Patna High Court (Harish Kumar, J.; order dated 21-01-2026) in CR. MISC. No.48541 of 2025 allowed the petitioner's application for pre-arrest bail in connection with Kudra P.S. Case No. 140 of 2025 (District Kaimur (Bhabua)), registered for offences punishable under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. FIR case: informant's wife runs firm 'Sri Shyamji Enterprises'; allegedly on 29.12.2024 a huge quantity of grains was loaded on three trucks sold to M/s Overseas for unloading at its Karnal godown, but none reached destination; petitioner, said to be owner of the vehicle, was alleged to have unloaded the grains at different places. Petitioner contended the occurrence took place on 25.12.2024 while the FIR was instituted on 26.03.2025 without plausible explanation for delay, and that the money-transaction dispute stood settled, with an affidavit for compounding filed before the Additional Chief Judicial Magistrate, Mohania. Allowing bail, the Court took note of the dispute being a commercial transaction since compromised between the parties, the petitioner's fair antecedents, and the delay in lodging the FIR. Bail bonds of Rs.10,000/- (ten thousand) with two like sureties to the satisfaction of the learned ACJM-I, Kaimur at Bhabhua; one bailor to be the petitioner's own/close family member; subject to conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.