Ram Bharosh Yadav @ Rambharos Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29789 of 2026 Arising Out of PS. Case No.-396 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Ram Bharosh Yadav @ Rambharos Yadav S/o Late Gauri Yadav @ Gauri Shankar Yadav Resident of Village - Gandhi Nagar Ward No. 18, P.S. - Bagaha, District - West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pushkar Gupta S/o Parmatma Prasad Resident of village - Bariyarpur, Piparpati Tiwari, P.S - Maharajganj, District - Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2026 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner as well as Mr. Sanjay Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.12.2025 in connection with Siwan Muffasil P.S. Case No. 396 of 2025, F.I.R. dated 02.06.2025 for the offences punishable under Sections 316(5) and 318(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that the petitioner collected Rs. 6,40,691/- from 28 customers with dishonest intention to obtain wrongful gain.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29789 of 2026(2) dt.05-05-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits on instructions that the petitioner is ready to deposit the aforesaid amount within a period of three months.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 396 of 2025, subject to the following conditions:- (i) At the time of furnishing bail bond, the petitioner shall deposit Rs. Two Lakh by way of demand draft in favour of the L & T Finance Limited and the learned court below is directed to hand over the said demand draft to the representative of the L & T Finance Limited and rest amount of Rs. 4,40,691/- (Four Lakh Forty Thousand Six Ninety One) shall be paid within a period of three months. If the petitioner fails to deposit the rest amount of Rs. 4,40,691/- (Four Lakh Forty Thousand Six Ninety One) to the L & T Finance Limited, the L & T Finance Limited shall be at liberty to move before the
Patna High Court CR. MISC. No.29789 of 2026(2) dt.05-05-2026 3/3 appropriate forum for cancellation of bail bond of the petitioner. ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T