Rakesh Kumar Harsh @ Nikhil AnandversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1889 of 2026

                        Arising Out of PS. Case No.-947 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Rakesh Kumar Harsh @ Nikhil Anand Son of Ram Babu Sah R/o Village -
                 Anwarpur, Ward no. 21, P.S. - Hajipur, Dist. - Vaishali.


                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Kishlay Ketan Son of Awadh Kishore Singh R/o Sahjadpur, Andarkila,
                 S.D.O. Road, P.S. - Hajipur, Dist. - Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :        Mr. Mritunjay Kumar, Advocate

                 For the Opposite Party/s        :        Mr. Renuka Ratnakar (App125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                   Heard Mr. Mritunjay Kumar, learned counsel for the

                   petitioner, Mrs. Renuka Patnakar, learned Additional Public

                   Prosecutor for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail, who is in custody since

                   10.10.2025 in connection with Hajipur Town P.S. Case No. 947

                   of 2025, F.I.R. dated 02.08.2025, for the offences punishable

                   under Sections 316(2), 318(4), 351(2), 3(5) of the B.N.S. and

                   later on sections 340(2), 338, 336(3), 351(2), 61(2) of B.N.S.

                   and section 138 of N.I. Act.

                                 3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to do forgery and taken Rs.

                   20,000,00/- from the informant.
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                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          petitioner and other co-accused persons have received a cheque

          amount of Rs. 20 Lakhs from the complainant and petitioner

          has already returned Rs. 11,30,000/- and the rest amount of Rs.

          8,70,000/- has to pay to the complainant. Learned counsel on

          instruction further submits that the petitioner is ready to pay the

          aforesaid amount to the complainant. Petitioner is in custody

          since 10.10.2025.

                       5. Learned APP for the State and complainant have

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and petitioner is ready to return

          the due amount to the complainant, 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,

          Vaishali at Hajipur, in connection with Hajipur Town P.S. Case

          No. 947 of 2025, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
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          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       ii. 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.

                       iii. 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 crimi-

          nal 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 de-

          layed for purpose of or in the name of verification.

                       iv. Learned counsel for the petitioner is directed to

          produce a Demand Draft of Rs. 3 Lakhs (Rs. 3,00,000-/) in

          favour of the complainant at the time of furnishing bail bonds

          and learned court below is directed to hand over the said De-

          mand Draft to the counsel for the complainant/opposite party

          no. 2 or his representative and the rest amount i.e. 5,70,000/-

          will be paid to the complainant within a period of two months

          from the date of furnishing bail bond if the petitioner fails to pay

          the rest amount to the complainant/opposite party no. 2, the
            Patna High Court CR. MISC. No.1889 of 2026(2) dt.19-01-2026
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                      complainant is at liberty to move before the court below to can-

                      cel his bail bond.


                                             (Rajesh Kumar Verma, J)

Ranjeet/-
U       T