Patna High Court
Nawal Prasad @ Nawal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioner, finding that the only allegation against him was threat and no evidence of cheating or receipt of money.
Summary
Nawal Prasad sought relief from anticipated arrest in a Gaya police case alleging offences under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act. The prosecution’s complaint, based on an informant’s report, alleged that the petitioner introduced the informant to co‑accused Manish Mishra, threatened the informant, and that the informant subsequently paid Rs. 43.21 lakh to Mishra on a false job pretext. The petitioner contended he neither received any money nor committed cheating, asserting that only the threat allegation pertained to him and that co‑accused had already obtained anticipatory bail. The State opposed bail, but the Court found no evidence of the petitioner’s involvement in the monetary transactions and held that the sole allegation of threat did not warrant denial of bail. Accordingly, the Court granted bail on a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the Act, subject to verification of the petitioner’s criminal antecedents.
Issues considered
- What is the appropriate bail disposition for a petitioner alleged to have threatened an informant under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act?
- Does the mere allegation of threat, without evidence of cheating or receipt of money, justify denial of bail?
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 482(2)
Subjects
- anticipatory bail
- bail
- threat
- cheating
- Section 316
- Section 318
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24466 of 2026
Arising Out of PS. Case No.-395 Year-2024 Thana- GAYA KOTWALI District- Gaya
======================================================
Nawal Prasad @ Nawal Kumar Son of Mahendra prasad Resident of Village -
Suphi Bigha, Ps- Chandauti , Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Gaya Kotwali P.S. Case No. 395 of 2024, for
allegedly having committed offence under Sections 316(2) and
318(4) of the BNS.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that the petitioner introduced the
informant with co-accused Manish Mishra and others and upon
threatening given by the petitioner, the informant gave certain
amounts in different installments to Manish Mishra, on the
pretext of giving job. Total Rs. 43,21,000/- was taken by the
accused persons from the informant through cash and online
Patna High Court CR. MISC. No.24466 of 2026(2) dt.16-04-2026
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transactions.
4. The learned counsel for the petitioner submits
that the petitioner has not committed any offence and has been
falsely implicated by the informant in the present case. The
allegation of taking money is against co-accused Manish Mishra
and the petitioner has not taken any amount from the informant.
He further submits that co-accused Uday Shankar Mishra and
Anitadhar @ Annu Mishra have already been granted the
privilege of anticipatory bail by a learned co-ordinate Bench of
this Court vide order dated 04.11.2025 passed in Cr. Misc. No.
43213 of 2025. The petitioner has got clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after
going through the record, it appears that the only allegation
against the petitioner is of threatening the informant and no
amount has been paid to the petitioner. The allegation of
cheating or taking money is against Manish Mishra and all the
transactions took place between Manish Mishra and the
informant. Considering the facts and circumstances of the case,
let the petitioner, above named, in the event of arrest or
surrender within a period of six weeks, be released on bail on
Patna High Court CR. MISC. No.24466 of 2026(2) dt.16-04-2026
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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, Gaya in connection with Gaya
Kotwali P.S. Case No. 395 of 2024, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
AjayMishra/-
U T
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