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Patna High Court

PUNAM KUMARIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted provisional bail to the first two petitioners and regular bail to the third petitioner, subject to bond, sureties and repayment conditions.

Summary

The Patna High Court considered three bail applications arising from PS Shastri Nagar Case No. 768 of 2025, filed under Sections 319(2), 318(4) and 3(5) of the Bihar Negotiable Instruments Act, 2023. In the first two applications, the petitioners (a husband and wife) were accused of cheating the informant by issuing two cheques that bounced for a total of Rs. 12,81,000 and sought provisional bail. The court granted provisional bail on a Rs.10,000 bond with two sureties, conditioning the release on monthly repayment of the disputed amount, with cancellation if installments are missed. In the third application, the petitioner was accused of impersonating a landowner; the court noted no allegation of cheating against her and, noting the other accused’s undertaking to repay the money, granted regular bail on similar bond terms. The orders emphasize repayment as a condition for confirming bail and provide for cancellation upon default.

Issues considered

  • Whether provisional bail can be granted to accused persons under Sections 319(2), 318(4) and 3(5) of the Bihar Negotiable Instruments Act, 2023.
  • Whether the petitioners' undertaking to return the alleged cheated amount influences the grant of bail.
  • Whether the absence of a cheating allegation against the third petitioner justifies regular bail.

Legislation cited

Subjects

  • bail
  • provisional bail
  • regular bail
  • cheating
  • bounced cheques
  • impersonation
  • criminal procedure
  • Bihar Negotiable Instruments Act
  • repayment condition

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
            CRIMINAL MISCELLANEOUS No.18206 of 2026
   Arising Out of PS. Case No.-768 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Kajal Devi Wife of Santosh Kumar @ Sudarshan Kumar @ Sudarshan
Sharma Resident of Balkhari Matiha, P.S.- Karpi, District- Arwal, Presently
residing at Mohanpur Punaichak, P.S.- Shastri Nagar, District- Patna

                                                                ... ... Petitioner/s
                                     Versus
The State of Bihar Bihar

                                       ... ... Opposite Party/s
======================================================
                                       with
            CRIMINAL MISCELLANEOUS No. 18670 of 2026
   Arising Out of PS. Case No.-768 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Santosh Kumar @ Santosh Sharma @ Sudarshan Kumar @ Sudarshan
Sharma S/O Siyaram Sharma @ Lal Bahadur Singh Resident of Darveshpur,
ward No.- 4, P.O.- Sarwan, P.S. - Sarta Dist.- Arwal, Presently R/at Mohanpur
Punaichak, P.S.- Shastri Nagar, Dist.- Patna.


                                                                ... ... Petitioner/s
                                     Versus
The State of Bihar Patna


                                       ... ... Opposite Party/s
======================================================
                                       with
            CRIMINAL MISCELLANEOUS No. 20491 of 2026
   Arising Out of PS. Case No.-768 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
PUNAM KUMARI W/O MANOJ SHARMA R/o Balaji Nagar, Near Hi Tech
Hospital, Saguna More, P.S.- Danapur, Distt.- Patna, Bihar


                                                                ... ... Petitioner/s
                                     Versus
The State of Bihar Bihar


                                       ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 18206 of 2026)
For the Petitioner/s :  Mr. Satish Kumar singh
                        Mr. Dinesh Maharaj
                        Mr. Braj Bhushan Mishra
         Patna High Court CR. MISC. No.18206 of 2026(7) dt.30-06-2026
                                                     2/5




                                            Mr. Radhe Shyam
                 For the Opposite Party/s : Mr.Narendra Kumar Singh
                 For the Informant        : Mr. Amresh Kumar Sinha
                 (In CRIMINAL MISCELLANEOUS No. 18670 of 2026)
                 For the Petitioner/s     : Mr. Satish Kumar singh
                                            Mr. Dinesh Maharaj
                                            Mr. Braj Bhushan Mishra
                                            Mr. Radhe Shyam
                 For the Opposite Party/s : Mr.Narendra Kumar Singh
                 For the informant        : Mr. Amresh Kumar Sinha
                 (In CRIMINAL MISCELLANEOUS No. 20491 of 2026)
                 For the Petitioner/s     : Mr.Nishikant
                 For the Opposite Party/s : Mr.Ganesh Prasad Singh
                 For the Informant        : Mr. Amresh Kumar Sinha.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   30-06-2026             Re:-Cr. Misc. No. 18206 of 2026& Cr. Misc. No. 18670

                   of 2026.

                                   Heard the parties.

                                  2. The petitioner of both the aforesaid cases seek

                   regular bail in connection with Shastri Nagar P.S. Case No. 768

                   of 2025 registered for the offence under Sections 319(2), 318(4)

                   and 3(5) of the BNS, 2023.

                                3. As per the prosecution case, the petitioner of both

                   the aforesaid cases are husband and wife and they are accused

                   of cheating the informant and they are also accused of issuing

                   two cheques amounting to Rs. 12,81,000/- in the name of the

                   informant which have bounced.

                                4. The petitioners are in custody since 14.12.2025.

                                5. Learned counsel for the petitioners submits that the

                   petitioners are ready to return Rs. 12,81,000/- to the informant
Patna High Court CR. MISC. No.18206 of 2026(7) dt.30-06-2026
                                            3/5




          and they may be granted provisional bail for the same.

                       6. In view of the aforesaid submission of the learned

          counsel for the petitioners, let the petitioners of both the

          aforesaid cases, above named, be released on provisional 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 concerned Court below in connection with Shastrinagar

          P.S. Case No. 768 of 2025.

                       7. As a condition of this order, the petitioners are

          directed to return the alleged disputed amount of Rs. 12,81,000/-

          to the informant in equal monthly installments. The first

          installment of Rs. 1,00,000/- shall be paid to the informant

          within 15 days from the acceptance of the bail bonds of the

          petitioners and thereafter for the balance amount, an installment

          of Rs. 1,00,000/- shall be paid to the informant on monthly

          basis.

                       8. It is made clear that if the petitioners fails to pay

          the installment/s then the concerned Court below will cancel the

          bail bonds bail bonds of the petitioners.

                       9. It is also made clear that if the petitioners return the

          entire alleged amount in question to the informant and the same

          is supported by the informant then the provisional bail granted
Patna High Court CR. MISC. No.18206 of 2026(7) dt.30-06-2026
                                            4/5




          to the petitioners shall be confirmed by the Court below.

                        Re:-Criminal Miscellaneous No. 20491 of 2026

                        10. Heard the parties.

                         11. The petitioner seeks regular bail in connection

          with Shastri Nagar P.S. Case No. 768 of 2025 registered for the

          offence under Sections 319(2), 318(4) and 3(5) of the BNS,

          2023.

                       12. As per the prosecution case, the petitioner is said

          to have impersonated as the owner of the land which was to be

          sold to the informant.

                       13. The petitioners are in custody since 28.12.2025.

                       14. Learned counsel for the petitioners submits that

          the petitioner is innocent and she has falsely been implicated in

          this case. He also submits that the petitioner has no knowledge

          about the alleged offence.

                       15. In view of the fact that the petitioners accused

          Santosh Kumar and Kajal Devi have undertaken to return the

          informant the entire alleged money in dispute which has been

          taken for registration of land in question and there is no

          allegation against the petitioner of cheating the informant by

          taking money for the same, this application is allowed.

                        16. Let the petitioner, above named, be released on
          Patna High Court CR. MISC. No.18206 of 2026(7) dt.30-06-2026
                                                      5/5




                    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 concerned Court below in connection with

                    Shastrinagar P.S. Case No. 768 of 2025.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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