Patna High Court
Nawal Kishore PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a monetary deposit and other procedural conditions.
Summary
The petitioner, Nawal Kishore Paswan, was arrested on 15 January 2026 in connection with FIR No. 13/2026 alleging forgery of joining letters, cheating and related offences under Sections 318(4), 316(2), 338 and 3(5) of the Bihar Negotiable Instruments Act. He was accused of promising direct appointment in the T.A. Army 120 Battalion to two informants in exchange for a payment of Rs.10 lakh, which the informants later discovered to be based on forged documents. The petitioner contended that the allegations were fabricated, denied any wrongdoing, and offered to repay the Rs.10 lakh to the informants. The informants did not object to the repayment if made within thirty days. The High Court, after hearing both sides, granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner depositing the Rs.10 lakh to the informants and complying with several conditions regarding trial attendance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences under the Bihar Negotiable Instruments Act.
- Whether the condition of depositing the disputed amount to the informants is permissible as a condition of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 338, 3(5)
Subjects
- bail
- forgery
- cheating
- Bihar Negotiable Instruments Act
- criminal procedure
- conditions of bail
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26284 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- KOTWA District- East Champaran
======================================================
Nawal Kishore Paswan Son of Sri Birendra Paswan @ Birendra Paswan
Resident of village - Pipra, P.S.- Darpa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner, learned counsel for the informants and Mr.Yogendra
Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
15.01.2026 in connection with Kotwa P.S. Case No. 14 of
2026, F.I.R. dated 13.01.2026 registered for the offence
punishable under Sections 318(4),316(2),338,3(5) of BNS.
3. Allegation against the petitioner is that he is a
Director of Junoon Physical Academy and he provided forged
joining letter to the informant and assured them that there is
direct appointment without written examination, without
physical and without medical test and petitioner induced them to
pay a sum of Rupees Ten Lakh and said that you both will join
directly in T.A. Army 120 Battalion in Bhuvneshwar and
Patna High Court CR. MISC. No.26284 of 2026(3) dt.21-04-2026
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directed to deposit Ten lakh Rupees amount thereafter informant
deposit the same money.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Although there is specific allegation against
the petitioner that he has received Rs. Ten Lakhs from both the
informants, namely, Mintu Kumar and Lavkush Kumar and also
issuing the joining letter in favour of the informants but when
the informants gone to T.A. Army 120 Battalion in
Bhuvneshwar then the official at the T.A. Army 120 Battalion
in Bhuvneshwar informs the informants that the joining letter is
forged and fabricated. Learned counsel for the petitioner
submits that petitioner is ready to pay Rs. Ten Lakh to the
informants, Rs. Five Lakhs each. Learned counsel for the
petitioner, on instruction, submits that the petitioner is ready to
pay Rs. Ten Lakhs to the informants, namely, Mintu Kumar and
Lavkush Kumar and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.01.2026 .
5. Learned counsel for the informants submits that he
has no objection, if the petitioner is ready to pay Rs.Ten Lakhs
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within a period of thirty days.
6. Considering the aforesaid fact, 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 learned Judicial Magistrate-F.C., East
Champaran, Motihari in connection with Kotwa P.S. Case No.
14 of 2026, with the following conditions:-
(I) At the time of furnishing bail bond, the petitioner
shall deposit Rs. Ten Lakhs by way of demand draft, each Rs.
Five Lakhs, in favour of the informants, namely, Mintu Kumar
and Lavkush Kumar and the learned court below is directed to
hand over the same to the informants, namely, Mintu Kumar and
Lavkush Kumar or their representatives.
(II) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(III) 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.
(IV) And, further condition that the court below shall
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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 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 delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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