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Patna High Court

Harinath KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court confirmed the provisional bail for Harinath Kumar and granted anticipatory bail to Shashikant Kumar under Section 482(2) of the CrPC, directing the informant to seek civil relief for recovery.

Summary

The Patna High Court heard three related bail applications arising from PS Case No. 385 of 2024 concerning an alleged breach of trust where the accused allegedly forged an agreement and took Rs. 66 lakh. The prosecution alleged that the informant demanded return of Rs. 26.4 lakh, which was not paid, leading to a money dispute. The Court noted that the dispute was essentially civil in nature and could not be verified criminally. It confirmed the provisional bail previously granted to Harinath Kumar and, subject to conditions, granted anticipatory bail to Shashikant Kumar under Section 482(2) of the CrPC. The informant was directed to approach the civil court for recovery of his money, and the applications were allowed.

Issues considered

  • Whether the provisional bail granted to Harinath Kumar should be confirmed.
  • Whether anticipatory bail can be granted to Shashikant Kumar under Section 482(2) of the CrPC.
  • Whether the High Court can intervene in a civil money dispute arising from an alleged breach of trust.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Section 482
  • breach of trust
  • money dispute
  • civil remedy
  • high court inherent powers

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.34764 of 2025
             Arising Out of PS. Case No.-385 Year-2024 Thana- Arwal District- Arwal
     ======================================================
     Harinath Kumar S/O Jairam Sharma @ Jairam Singh R/O Village and PS-
     Men, Distt-Gaya

                                                                        ... ... Petitioner/s
                                            Versus
1.   The State of Bihar Bihar
2.   Bhola Kumar S/O Kedar Shah R/O Village and Post- Baidarabad,PS-Arwal,
     Distt-Arwal

                                            ... ... Opposite Party/s
     ======================================================
                                             with
                CRIMINAL MISCELLANEOUS No. 34773 of 2025
             Arising Out of PS. Case No.-385 Year-2024 Thana- Arwal District- Arwal
     ======================================================
     Shyamakant Kumar S/O Satyanarayan Sharma R/O Village- Jagdeo Nagar,
     Bhaluahi- Kharkhura, PS- Delha, Distt-Gaya

                                                                        ... ... Petitioner/s
                                            Versus
1.   The State of Bihar
2.   Bhola Kumar S/O Kedar Shah R/O Village and Post-Baidarabad,PS-Arwal,
     Distt-Arwal

                                            ... ... Opposite Party/s
     ======================================================
                                             with
                CRIMINAL MISCELLANEOUS No. 67631 of 2025
             Arising Out of PS. Case No.-385 Year-2024 Thana- Arwal District- Arwal
     ======================================================
     Shashikant Kumar Son of Shatrudhan Sharma R/o Village - Tankupi, P.S. -
     Haspura, Dist. - Aurangabad, at present Resident of Village - Baldeo Nagar,
     P.S. - Chandauti, Dist. - Gaya.

                                                                        ... ... Petitioner/s
                                            Versus
1.   The State of Bihar
2.   Bhola Kumar Son of Kedar Shah R/o Village and Post - Baidarabad, P.S. -
     Arwal, Dist. - Arwal.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 34764 of 2025)
          Patna High Court CR. MISC. No.34764 of 2025(11) dt.24-04-2026
                                                      2/4




                  For the Petitioner/s     : Mr.Rakesh Kumar Sharma
                  For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
                  (In CRIMINAL MISCELLANEOUS No. 34773 of 2025)
                  For the Petitioner/s     : Mr.Rakesh Kumar Sharma
                  For the Opposite Party/s : Mr.Madhura Nand Jha
                  (In CRIMINAL MISCELLANEOUS No. 67631 of 2025)
                  For the Petitioner/s     : Mr.Rakesh Kumar Sharma
                  For the Opposite Party/s : Mr.Shaheen Begum
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   24-04-2026                  These cases arise out of the same P.S. Case i.e., Arwal

                    P.S. Case No. 385 of 2024; therefore, they are being heard

                    together and disposed of by a common order.

                                 2. Earlier the petitioner namely Harinath Kumar was

                    granted provisional bail by a co-ordinate Bench of this Court on

                    05.06.2025 in Cr. Misc. No. 34764 of 2025. The petitioner

                    namely Shyamakant Kumar was granted regular bail, during the

                    pendency of the application, by a co-ordinate Bench of this

                    Court on 12.06.2025 in Cr. Misc. No. 34773 of 2025. The

                    petitioner namely Shashikant Kumar was granted interim

                    protection by a co-ordinate Bench of this Court on 23.09.2025.

                                 3. As per the prosecution, an FIR has been lodged

                    against the named accused, Vikash Kumar @ Rajnikant Kumar,

                    with the allegation that he entered into an agreement by showing

                    a forged map and took Rs. 66,00,000 from the informant. When

                    it was later discovered by the informant that the agreement was

                    forged and fabricated and pertained to blocked land, he

                    demanded the return of his money. Subsequently, at a social
Patna High Court CR. MISC. No.34764 of 2025(11) dt.24-04-2026
                                            3/4




          level, an agreement was reached in which it was decided that an

          advance amount of Rs. 26,40,000 would be returned, and a time

          limit was also fixed for the same. However, the amount was not

          returned. Therefore, this case has been filed alleging breach of

          trust.

                       4. This Court tried to settle the matter between the

          parties. It appears to be a money dispute and the main dispute is

          with regard to the cash transacted between the parties which

          cannot be verified by this Court.

                       5. In these circumstances, the provisional bail granted

          to the petitioner, Harinath Kumar by order dated 05.06.2025 is

          hereby confirmed.

                       6. So far as the petitioner, namely Shashikant Kumar,

          is concerned, in the event of his arrest or surrender within four

          weeks from today before the learned Court below, he shall be

          released on anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court

          below/Successor Court in connection with Arwal P.S. Case No.

          385 of 2024, subject to the conditions laid down under Section

          482(2) of the BNSS.

                       5. The informant is given liberty to approach the
            Patna High Court CR. MISC. No.34764 of 2025(11) dt.24-04-2026
                                                        4/4




                      District Court in its civil jurisdiction for recovery of his money.

                                   6. With the aforesaid observations and directions,

                      these applications are allowed.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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