Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified monetary and procedural conditions.
Summary
Shankar Kumar was arrested in connection with a cheating case (Section 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023) and has been in custody since 10 January 2025. He contended that he is innocent and offered to return Rs. 5,00,000 to the informant, who, along with the State, raised no objection to the restitution. The petitioner’s counsel applied for regular bail, and the court considered the willingness to repay the amount and the lack of opposition from the prosecution. The court granted regular bail subject to a set of conditions, including payment of Rs. 2,00,000 at the time of bail, the balance within four months, regular attendance at the police station, and cooperation with the trial. The order also stipulated that any default would lead to automatic cancellation of bail, and the application was disposed with liberty to the informant to seek recall if conditions are breached.
Issues considered
- Whether regular bail should be granted in a cheating case under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 when the accused offers restitution and the prosecution does not object.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
Subjects
- regular bail
- cheating
- Bharatiya Nyaya Sanhita
- restitution
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31935 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- ATRI District- Gaya
======================================================
Shankar Kumar S/O Late Mundrika Yadav Village- Daulatpur Tola, Gulabi,
Ps- Atari, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Shankar Prasad Singh
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Lalan Kumar
For the Informant : Mr. Sheo Kumar Prasad.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
13 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Atari P.S. Case No. 18 of 2025 registered for the offence under
Section(s) 316(2), 318(4) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of cheating the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 10.01.2025. Learned counsel, on
instructions from the petitioner’s wife, further submits that the
petitioner, without admitting his guilt and without prejudice to
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his case, is ready to return an amount of Rs. 5,00,000/- to the
informant.
5. Learned A.P.P. for the State and the learned counsel
for the Informant have submitted that they have no objection if
the aforesaid amount is returned to the informant.
6. Considering the aforesaid facts and circumstances
and the submissions advanced on behalf of the parties, the
petitioner is granted regular bail.
7. Accordingly, let the petitioner, above named, be
released on Provisional Bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Atari P.S.
Case No. 18 of 2025 subject to following conditions that:-
(i) The petitioner shall pay a sum of
Rs. 2,00,000/- (Rupees Two Lakh) to the
informant by way of Demand Draft at the time
of furnishing bail bonds.
(ii) The remaining amount of Rs.
3,00,000/- (Rupees Three Lakh) shall be paid to
the informant by way of Demand Draft within a
period of four months from the date of release of
the petitioner.
(iii) The Demand Draft(s) shall be
prepared in the name of the informant and shall
be handed over in presence of the learned Court
below, which shall ensure proper
acknowledgment/receipt of the same.
(iv) The petitioner shall mark his
attendance at the Atari Police Station on every
Sunday of each month. Any default in
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appearance shall entail cancellation of the bail
bonds.
(iv) The petitioner shall appear in the
trial regularly, either personally or through his
counsel, and shall cooperate with the trial. Non-
cooperation shall result in cancellation of the
bail bonds.
(v) In case of failure to comply with
the payment conditions stipulated herein, the
provisional bail granted to the petitioner shall
be liable to be cancelled automatically.
(vi) One of the bailors shall be the
wife of the petitioner, and the other shall be a
close blood relative of the petitioner.
8. With the aforesaid observations and directions, this
application is disposed of with liberty to the informant to move
this Court for recall of the present order in the event the
petitioner fails to comply with the aforesaid terms and
conditions.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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