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Patna High Court

Shankar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.31935 of 2025(13) dt.16-04-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.31935 of 2025(13) dt.16-04-2026
                                                        3/3




                                              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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