Patna High Court
Shashikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court confirmed provisional bail for Harinath Kumar and granted anticipatory bail to Shashikant Kumar subject to conditions, directing the informant to pursue civil remedy.
Summary
The Patna High Court heard three bail applications arising from the same police case (Arwal PS Case No. 385 of 2024) involving alleged breach of trust where the accused allegedly forged an agreement and took Rs. 66,00,000. The prosecution alleged that the accused failed to return an advance amount after the agreement was found to be forged. The Court noted that the dispute was essentially a monetary one that could not be verified criminally and directed the informant to seek civil remedy. It confirmed the provisional bail previously granted to Harinath Kumar and granted anticipatory bail to Shashikant Kumar under Section 482(2) of the CrPC, subject to bail bonds and sureties. The applications for bail 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 matter constitutes a criminal offence or a civil money dispute.
- Whether the informant may approach a civil court for recovery of the money.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- anticipatory bail
- provisional bail
- Section 482
- breach of trust
- money dispute
- civil recovery
- Criminal Miscellaneous
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
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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
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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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