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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Niraj Kumar, faced a complaint (Case No. 1919 of 2022) alleging offences under Sections 406 and 420 of the IPC and Section 138 of the Negotiable Instruments Act for cheating and issuing bounced cheques in a land transaction. He claimed to have paid part of the consideration and offered to pay the remaining Rs 9,10,000 in installments, seeking anticipatory bail to avoid arrest. The complainant disputed some of the payments but did not oppose bail if the petitioner complied with his payment proposal. The Court, noting the petitioner’s willingness to pay and the fairness of the parties’ stance, granted anticipatory bail subject to a Rs 10,000 bail bond, two sureties, and several conditions including regular court appearances and non‑interference with witnesses. The order also empowered the complainant to seek cancellation of the bail bond upon breach of the conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 406, 420 IPC and 138 NI Act.
  • Whether the petitioner’s proposed payment schedule and undertakings satisfy the criteria for anticipatory bail.
  • What conditions, if any, should be imposed on the anticipatory bail to protect the interests of the complainant and the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • Negotiable Instruments Act
  • bail conditions
  • payment installment
  • complaint case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13119 of 2026
                  Arising Out of PS. Case No.-1919 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Niraj Kumar S/o- Vansh Mani Rai @ Vansh Mani Mahto @ Vansh Vani Rai
                 Resident of village- Bindgama, Police Station- Patori, District-Samastipur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Shashi Kumar Sharma S/o- Late Ram Lolin Sharma R/v- Dharampur
                 Dakhali Ps- Tajpur Halai OP Dist- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

6   24-06-2026                    Heard Mr. Pramod Kumar Singh, learned counsel for

                   the petitioner, the state as also Mr. Mahendra Pratap for the

                   informant.

                                2. The petitioner is apprehending his arrest in

                   connection with Complaint Case No. 1919 of 2022 dated

                   17.11.2022 for offences under sections 406 and 420 of the I.P.C

                   and 138 N.I Act.

                                3. As per the complaint, for a piece of land, the

                   accused agreed to pay Rs.13,60,000/- as consideration amount,

                   issued two cheques of Rs.2,00,000/- and Rs.1,50,000/- and

                   further assured of making rest of the payment. However, while

                   the two cheques bounced, no further payment made, feeling
Patna High Court CR. MISC. No.13119 of 2026(6) dt.24-06-2026
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          cheated, the complaint case.

                       4. At the outset, learned counsel for the petitioner

          submits that though certain confusion took place, he is ready to

          pay the amount. The submission is that subsequently on

          29.05.2019 (Rs.2,50,000/-), on 23.10.2019 (Rs.50,0005/-), on

          21.10.2019 (Rs.1,50,000/-) totalling Rs.4,50,000/- were cleared

          but the same have not found place in the complaint.

                       5. Further submission is that he is ready to pay the rest

          of the Rs. 9,10,000/- in following manner:

                                  (i) Rs. 2,10,000/- at the time of execution of

                             bail bond;

                                  (ii) Rs. 1,00,000/- each, every month for

                             seven months (totalling Rs. 7,00,000/- beginning

                             10th of August 2026 and ending 10th of February

                             2027);

                                  (iii)    failure     to      make   payment,   the

                             complainant shall be free to take steps for

                             cancellation of his bail bond.

                       6. Though learned counsel for the complainant, who

          has appeared, disputes certain payments and submits that when

          he is making payment to the tune of Rs.9,10,000/- reserving his

          right to take the matter to its logical conclusion in the complaint
Patna High Court CR. MISC. No.13119 of 2026(6) dt.24-06-2026
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          petition, if relief is granted to him, he do not have any objection.

                       7. Taking into account the fair stand taken by the

          parties, as also that the petitioner is ready to pay Rs.9,10,000/-

          as recorded above, the complaint is there, he shall be facing the

          music, in that background, this Court is inclined to extend him

          privilege of anticipatory bail.

                       8. It is made clear that failure to abide by the

          undertaking that has been given by the petitioner, the

          complainant shall be free to take recourse for the cancellation of

          his bail bond.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Samastipur in

          connection with Complaint Case No. 1919 of 2022 subject to

          the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police
              Patna High Court CR. MISC. No.13119 of 2026(6) dt.24-06-2026
                                                          4/4




                        Station as and when required for cooperating in the

                        investigation;

                                     (iii) the petitioner shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his/her

                        bail bond by the Trial Court itself;

                                     (iv) the petitioner shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds;

                                     (v) the petitioner shall desist from committing any

                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of bail bonds.



                                                       (Rajiv Roy, J)
sanny/-

U         T


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