Raju Paswan Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

Raju Paswan Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: release in the event of arrest or surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of like amount each (one bailor a close relative), subject to Section 482 B.N.S.S. conditions; conditional on payment of the entire Rs. 90,000/- to the complainant within seven months, filing of a payment-affidavit before the Trial Court, and confirmation of bail by the Trial Court after verifying deposit receipts and withdrawal of pending cases between the parties.

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 507 of 2024 (offences under Sections 406, 420, 341, 323 and 504 IPC arising from an alleged unpaid friendly loan of Rs. 90,000/-), should be granted anticipatory bail. +1 more

Court's answer

In view of the facts and the bona fide conduct of the petitioner (including the amicable settlement), the Court granted him the privilege of anticipatory bail provisionally.

Ratio / Principle

Petitioner was directed to pay the entire amount of Rs. 90,000/- to the complainant within seven months of receipt of the order and to file an affidavit before the Trial Court regarding the payment.

Key takeaways

Petitioner to be released on provisional bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of like amount each before the learned JMFC, Kaimur at Bhabhua, subject to Section 482 B.N.S.S. conditions and with one bailor being a close relative of the petitioner.ratio¶20
Trial Court directed to confirm the provisional bail only after verifying deposit receipts of the entire Rs. 90,000/- paid by petitioner to the complainant, and to also verify withdrawal of pending cases between the parties.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail — provisional grant conditioned on amicable settlement / repayment — Criminal Miscellaneous No.54903 of 2025 (decided 13-01-2026) — Patna High Court (S. B. Pd. Singh, J): Petitioner apprehended arrest in Complaint Case No. 507 of 2024, Thana Bhabhu (Kaimur), District Kaimur (Bhabua), for offences under Sections 406, 420, 341, 323 and 504 IPC, the complaint alleging non-return of a friendly loan of Rs. 90,000/- allegedly taken for treatment of the petitioner's wife. During proceedings the parties agreed to settle amicably: petitioner undertook to pay Rs. 90,000/- in two Demand Draft installments of Rs. 45,000/- each (first at furnishing of bail bond, second within seven months) and to affirm payment by affidavit before the Trial Court; complainant agreed to withdraw the case on receipt of the entire amount. Considering this bona fide conduct, the Court granted anticipatory bail provisionally: release 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 before the JMFC, Kaimur at Bhabhua, subject to Section 482 B.N.S.S. conditions and one bailor being a close relative. Trial Court directed to confirm the provisional bail only after verifying deposit receipts of the entire Rs. 90,000/- and withdrawal of pending cases between the parties. Application disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54903 of 2025

Arising Out of PS. Case No.-507 Year-2024 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua)

====================================================== Raju Paswan

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Mishra For the Opposite Party/s : Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

6 13-01-2026

Both the parties along with their respective counsel are present in Chamber proceeding.

The petitioner is apprehending his arrest in connection with Complaint Case No. 507 of 2024 for the offences punishable under Sections 406, 420, 341, 323 and 504 of the Indian Penal Code.

As per prosecution story, the complainant gave a friendly loan of Rs. 90,000/- to the petitioner for treatment of his wife but the subsequently petitioner denied to return the same.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. As per complaint petition, the petitioner took Rs. 90,000/- for treatment of his wife in the year 2015, but the

Patna High Court CR. MISC. No.54903 of 2025(6) dt.13-01-2026 2/3

petitioner has brought on record the invitation card of his marriage as Annexure-P/2 which clearly suggests that he got married in the year 2023, which clearly falsify the allegation as alleged in the complaint petition.

However, after negotiations, both parties have agreed to settle their dispute amicably. Petitioner himself undertakes to pay the entire amount of Rs. 90,000/- in two installments by way of Demand Draft within a period of seven months. The first installment of Rs. 45,000/- will be paid at the time of furnishing the bail bond, and the second installment of Rs. 45,000/- will be paid within a period of seven months. The petitioner further undertakes to file an affidavit before the Trial Court at the time of furnishing the bail bond, affirming the payment of Rs. 90,000/-. The complainant has also agreed to withdraw the case upon receipt of the entire amount of Rs. 90,000/-.

Keeping in view the aforesaid facts, and bona fide conduct of the petitioner, this Court is inclined to grant him the privilege of anticipatory bail provisionally .

Petitioner is directed to pay entire amount i.e. Rs. 90,000/- to the complainant within a period of seven months from the date of receipt of this order and to file an affidavit

Patna High Court CR. MISC. No.54903 of 2025(6) dt.13-01-2026 3/3

before the Trial Court regarding the payment of Rs. 90, 000/-.

Let the petitioner be released on provisional 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 Magistrate First Class, Kaimur at Bhabhua in connection with Complaint Case No. 507 of 2024 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner.

Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 90,000/- by the petitioner to the Complainant. Trial Court will also verify the withdrawal of pending cases between both the parties.

Accordingly, the instant application stands disposed of.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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