Rahul Kumar Singh @ Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36211 of 2026
                     Arising Out of PS. Case No.-162 Year-2024 Thana- DHARHARA District- Munger
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                 Rahul Kumar Singh @ Rahul Kumar S/O Vimal Singh @ Bimal Kumar Singh
                 R/O Vill.- Mohanpur, P.s.- Dharhara, Dist.- Munger.
                                                                     ... ... Petitioner/s
                                                    Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Opposite Party/s :      Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. None appears on behalf of the petitioner in-spite of

                   the fact that there are three Advocates on record namely, Mr.

                   Kundan Kumar Ojha, Advocate, Mr. Navneet Prabhakar,

                   Advocate and Mr. Saurabh Singh, Advocate. However, learned

                   APP for the State is present.

                                3. The petitioner is apprehending arrest in connection

                   with Dharhara P.S. Case No. 162 of 2024, lodged on

                   28.06.2024, for the offence punishable under sections 406, 420,

                   504 & 506 of the Indian Penal Code.

                                4. As per the prosecution, FIR has been lodged against

                   the sole petitioner. It has been alleged by the informant that the

                   petitioner took an amount of Rs. 3,00,000/- (Rupees Three
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          Lakhs) from him on the pretext of getting job in CRPF. He

          further alleged that he paid the said amount in the bank account

          of the petitioner. Subsequently, the petitioner refused to return

          the said amount to the informant which resulted into filing of

          the present case.

                       5. It has been pleaded in the bail petition that the

          petitioner is innocent and has committed no offence. It has been

          further pleaded that there is no specific allegation showing

          dishonest or fraudulent intention at the very inception of the

          alleged transaction, on the part of the petitioner, and mere

          failure of promise of non-arrangement of employment does not

          constitute cheating and the story of voluntary payment allegedly

          made on assurance does not constitute an offence of criminal

          breach of trust. It has also been pleaded that no offence under

          sections 420 & 406 of the IPC attracted here in the present case.

          It has been further pleaded in para 11 of the bail petition that

          without admitting the allegations and purely to demonstrate

          bonafide intention and to bring quietus to the dispute, the

          petitioner is ready and willing to settle the monetary dispute and

          undertakes to pay the entire amount of Rs. 3 lakhs to the

          informant. It has been stated in para 3 of the bail petition that

          the petitioner has clean antecedent.
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                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that in para 11 of the bail

          petition, it has been pleaded that the petitioner is ready and

          willing to settle the monetary dispute and undertakes to pay the

          entire amount of Rs. 3 lakhs.

                       7. In the light of the pleadings made, it is necessary to

          quote the relevant para 11 of the bail petition which reads as

          under:-

                                “That is it humbly submitted that, that without
                                admitting the allegations and purely to
                                demonstrate bonafide intention and to bring
                                quietus to the dispute, the petitioner is ready
                                and willing to settle the monetary dispute and
                                undertakes to pay the entire Rs. 3,00,000/- as
                                directed by this Hon’ble Court.”



                       8. In the present facts and circumstances of the case,

          let the above named petitioner be released on provisional bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M.-III,

          Munger, in connection with Dharhara P.S. Case No. 162 of

          2024, subject to the conditions as laid down U/s 482(2) of the
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                       B.N.S.S., 2023 with further condition:-

                                    A. The petitioner shall pay Rs. 3,00,000/- (Rupees

                       Three Lacs) to the informant in the form of Demand Draft, on

                       the day he shall surrender or in the event of arrest before the

                       trial court and produce his bail bond.

                                    9. After complete payment of Rs. 3,00,000/- (Rupees

                       Three Lacs) to the informant as mentioned above, the Trial

                       Court shall confirm the provisional bail of petitioner. In case of

                       failure of above condition, provisional bail granted to the

                       petitioner by this Court shall be cancelled.

                                    10. Accordingly, the present bail application is hereby

                       disposed off.



                                                                        (Dr. Anshuman, J)
Divyansh/-

U      T