Patna High Court
PUNAM KUMARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Instruments Act, 2023 — s. 318(4), 319(2), 3(5)
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
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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
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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
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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
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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/-
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