Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
Provisional bail is granted to each petitioner provided they pay Rs.5 lakh to the complainant within the specified instalment period, failing which the bail may be cancelled.
Summary
The petitioners Rajesh Kumar and Anil Kumar were accused of cheating the complainant by accepting Rs.10 lakh for a duplex project and failing to deliver the premises or refund the money. The complainant filed a criminal complaint (Case No. 865 of 2023) alleging offences under Sections 363, 366 and 34 of the Indian Penal Code. The petitioners sought bail, offering to repay Rs.5 lakh each to the complainant in instalments, while the State opposed bail. The High Court, recalling its earlier order directing payment of Rs.5 lakh each, conditioned provisional bail on the petitioners completing the payment within four months for Rajesh Kumar and three months for Anil Kumar, with bail to be cancelled on default. Upon compliance, the bail would be confirmed. The application was disposed with these conditions.
Issues considered
- Whether provisional bail can be granted to the petitioners subject to a stipulated payment schedule to the complainant
- Whether the court may impose a time-bound condition for payment as a prerequisite for bail
Legislation cited
- Indian Penal Code — s. 34, 363, 366
Subjects
- bail
- provisional bail
- payment of compensation
- contract breach
- Indian Penal Code
- Section 363
- Section 366
- Section 34
- Gaya
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85902 of 2024
Arising Out of PS. Case No.-865 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Rajesh Kumar Son of Late Awadhesh Kumar Singh Resident of village-
Nageshwar Bagh , Gaurakshani , Manpur , P.S Mufassil, Distt.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uday kumar S/O- Ramautar Sao, R/O Vill- Puhakala, PS-Paraiya, Dist-
Gaya, At present R/O-B 184 G . Block, G.M. Infinite. E. City
Township(electricity), Bangaluru. Pin-560100
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 50555 of 2025
Arising Out of PS. Case No.-865 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Anil Kumar S/o Late Hari Kishun Ram R/o Vill- Near Shyam Talkies, Gaya
Nawada Road, P.S.- Muffasil, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uday Kumar S/o Sri Ramautar Sao R/o Vill- Punakala, P.S.- Paraiya, Distt-
Gaya presently residing at B.1840 Block GM Infinite E City Township
Electricity Bengluru PIN 560100
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85902 of 2024)
For the Petitioner/s : Mr. Vivekanand Singh
For the Opposite Party/s : Dr. Indiwar Kumari
(In CRIMINAL MISCELLANEOUS No. 50555 of 2025)
For the Petitioner/s : Mr. Shivendra Prasad
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
11 25-02-2026 These cases arise out of the same Complaint Case,
i.e., Complaint Case No. 865 of 2023; therefore, they are being
Patna High Court CR. MISC. No.85902 of 2024(11) dt.25-02-2026
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heard together and are being decided by a common order.
2. Heard the learned counsels for the petitioners,
learned counsel for the State and the learned counsel for the
complainant.
3. On 21.08.2025, the following order was passed by
a co-ordinate Bench of this Court which reads as follows:-
“Heard learned counsel for the
petitioners as well as the learned APP for the
State.
2. The petitioners apprehend their
arrest in connection with Suppi P.S. Case No.
219 of 2020, registered for the offences
punishable under Sections 363, 366/34 of the
Indian Penal Code.
3. As per allegation, the complainant
contacted the accused persons Rajesh Kumar
and Anil Kumar (the petitioners) for Duplex
booking. The petitioners were running the
project named as Saraswati Vihar at Bodh
Gaya. The agreement was entered and the
complainant paid Rs. 10 lakhs in the account of
Satya Builders but neither the petitioners
handed over the premises nor they refunded the
money.
4. The learned counsels for the
petitioners Rajesh Kumar and Anil Kumar have
submitted that the petitioners are innocent and
have falsely been implicated in this case. Both
the petitioners are 50 per cent partners in the
project and they are ready to return their shares
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to the complainant in six equal monthly
installments.
5. On the other hand, the learned
APP for the State and the learned counsel for
the informant have opposed the prayer for bail.
6. Both the petitioners Rajesh
Kumar and Anil Kumar are directed to pay Rs.
5 lakh each to the complainant in six equal
monthly installments.
7. Considering the aforesaid facts
and circumstances, there shall be no coercive
steps against the petitioners for six months in
connection with Complaint Case No. 865 of
2023, pending before the learned J.M. 1st Class,
Gaya.
8. List the matter on 16.02.2026 at
top.”
3. Today, the learned counsels appearing for both the
petitioners have submitted that the petitioners will pay the
amount as accepted earlier. However, the learned counsel for the
petitioner, Rajesh Kumar, submits that the petitioner wants four
months' time to pay the amount, whereas the learned counsel for
the petitioner, Anil Kumar, submits that the petitioner wants
three months' time to pay the amount.
4. In view of the above, this application is disposed
of.
5. The petitioner, Rajesh Kumar, will pay the entire
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amount of Rs. 5 lakh within the next four months in equal
installments, and upon payment of the first installment, he shall
be released on provisional bail by the Court below. If the
petitioner, Rajesh Kumar, fails to do so, the Court below shall
be at liberty to cancel the bail bonds of the petitioner. If the
petitioner pays the entire amount within four months, the
provisional bail granted to the petitioner, Rajesh Kumar, shall be
confirmed by the Court below.
6. The petitioner, Anil Kumar, will pay the entire
amount of Rs. 5 lakh within the next three months in equal
installments, and upon payment of the first installment, he shall
be released on provisional bail by the Court below. If the
petitioner, Anil Kumar, fails to do so, the Court below shall be at
liberty to cancel the bail bonds of the petitioner. If the petitioner
pays the entire amount within three months, the provisional bail
granted to the petitioner, Anil Kumar, shall be confirmed by the
Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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