← Library
Patna High CourtCR. MISC./6693/2026allowed

Rajesh Ranjan v. The State Of Bihar

2026-02-10Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6693 of 2026 Arising Out of PS. Case No.-313 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Rajesh Ranjan S/o Late Narsingh Prasad R/o Village- Budhwari Tola, Bagaha Bazar, Ward No.23, P.S- Bagaha, Dist- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kr. Mishra, Advocate Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 316(2) and 318(4) of B.N.S. and Section 138 of the N.I. Act.

3. The case of the prosecution is that the informant has purchased altogether 198.90 grams of gold worth Rs. 10,65,000/- for the marriage of his daughter. It is further alleged that as he needed cash for the marriage of his daughter, he has taken gold loan from the Bank of India. The petitioner was the valuer of the bank and he has given his fraudulent report regarding the gold and in his connivance, the bank has given him loan of Rs. 7,16,000/-. The informant was further disclosed

Patna High Court CR. MISC. No.6693 of 2026(2) dt.10-02-2026 2/3 by Bank of India, Bagaha that the gold which has been deposited with the bank is of no value. It is further alleged after that, he went to the petitioner and the petitioner along with others told him that they will pay the value of the gold as per current rate if the same is given to him. The informant paid the loan to the Government to the tune of Rs. 8,51,000/- and received the gold and handed over to the petitioner. It is further alleged that petitioner has issued certain cheques and has also assured him to pay Rs. 3,13,000/- in cash through an agreement. Further allegation of the informant is that the cheques which were issued by the petitioner got dishonoured due to insufficiency of the fund. After this, he sent a notice through advocate but no reply was received. It has been alleged that the petitioner has committed fraud with the informant by giving him valueless gold.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that though there is averment that the informant has purchased 198.90 grams of gold from the shop of the petitioner but there is no receipt of the same. It has further been submitted that the gold was placed with the bank and towards that, loan was taken by the informant

Patna High Court CR. MISC. No.6693 of 2026(2) dt.10-02-2026 3/3 and after two years, the informant is stating that the gold is of no value. Had the gold been of no value, the bank must have filed case against the informant but no such case is filed. It has further been submitted that at most, it is a case of dishonour of cheque which is bailable in nature and the same cannot be filed through FIR rather it should be filed through complaint petition. Moreover, the petitioner is languishing in judicial custody since 11.07.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bagaha P.S. Case No. 313 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st , Bagaha, West Champaran.

(Ashok Kumar Pandey, J) Shubham/- U T