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Patna High Court

Nawal Kishore PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.26284 of 2026(3) dt.21-04-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.26284 of 2026(3) dt.21-04-2026
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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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