Patna High Court
Nikhil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Nikhil Kumar Singh, was named as accused No.3 in a 2018 complaint alleging that he received Rs 6,000 from the complainant for the purchase of land but failed to register the sale and later assaulted the complainant. He sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, claiming innocence and willingness to refund the amount. The State opposed bail, noting the petitioner’s role was unclear beyond receipt of the money. The Court, after considering the submissions, granted anticipatory bail subject to the petitioner depositing a Rs 10,000 cheque, furnishing a Rs 30,000 bail bond, returning the Rs 6,000, and allowing the trial court to verify his criminal antecedents. The order also stipulated cancellation of bail if the petitioner concealed any prior criminal record.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the BNSS, 2023 in a case involving alleged offences under Sections 406, 420 and 34 of the IPC.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- criminal breach of trust
- cheating
- land sale dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14432 of 2026
Arising Out of PS. Case No.-775 Year-2018 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
Nikhil Kumar Singh S/o Binod Kumar Singh R/o Mohalla - Supriya Cinema
Road, Maruti Maker, Bettiah, P.S - Bettiah Nagar, District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ujjawal Narayan Singh S/o Late Byas Narayan Singh Resident of - Tularam
Flats Muhalla Kila, Bettiah, P.S - Bettiah Town, District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Complaint Case No. 775 of 2018, under
Sections 406/420/34 of the Indian Penal Code.
3. As per the prosecution, which has been initiated by
virtue of complaint case in which petitioner is accused No.3
along with two named and 2 to 3 unknown persons. The
allegation against the petitioner is that the accused persons have
Patna High Court CR. MISC. No.14432 of 2026(3) dt.06-05-2026
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taken the complainant in confidence for the purpose of selling
the land in which role of the petitioner is that the complainant
sent rupees six thousand in the account of petitioner (accused
No.3), who received the payment but subsequently registry was
not made in favour of the complainant. Upon demand of
execution of land or to to return money they have assaulted the
complainant.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that he is neither land owner nor broker. He submits that
he is ready to refund the said six thousand rupees in the account
of the complainant of this case. He submits that antecedent of
the petitioner is clean.
5. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner, but fairly submits
that role of the petitioner is not clear save and except that
complainant has paid rupees six thousand in the account of
petitioner.
6. In the light of the submissions, the petitioner is
ready to return the said amount to the complainant.
7. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail
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subject to deposit of cheque of Rs.10,000/- (Ten thousand) in
the name of the complainant before the Trial Court, in the event
of arrest or surrender before the learned Court below within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the BNSS, 2023 to the satisfaction of learned Judicial
Magistrate, 1st Class, West Champaran at Bettiah, in connection
with Complaint Case No. 775 of 2018, subject to the conditions
as laid down U/s 482(2) of the BNSS, 2023.
8. And further condition that the Trial Court 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 Trial Court 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.
(Dr. Anshuman, J)
Mkr./-
U T
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