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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified monetary payment conditions and compliance with Section 482(2) of the BNSS.

Summary

Petitioner Rahul Kumar was accused of cheating an informant of Rs 31 lakhs, allegedly paying Rs 11.42 lakhs via online transfer and Rs 3 lakhs in cash. He filed an anticipatory bail application fearing arrest under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. The State and a co‑respondent opposed the bail. The Court, after considering the facts, allowed the anticipatory bail, directing the petitioner to furnish bail bonds of Rs 10,000 with two sureties and to pay Rs 16.58 lakhs to the informant within six months, producing a demand draft of Rs 2.76 lakhs as the first instalment. The bail is subject to conditions under Section 482(2) of the BNSS and may be cancelled for non‑compliance. The order directs the lower court to release the petitioner on interim bail upon compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of cheating under Sections 316(2) and 318(4) of the BNSS
  • Whether the Court may impose monetary payment conditions as part of anticipatory bail under Section 482(2) of the BNSS

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • online transaction
  • Bharatiya Nyaya Sanhita
  • Section 316
  • Section 318
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67858 of 2025
                   Arising Out of PS. Case No.-222 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Rahul Kumar S/O Dinesh Singh R/O 18, Vineka, Near Hanuman Mandir,
                 Dhanarua, Panditganj, P.O. and P.S.- Panditganj, Dist.- Patna, 804451,
                 Director Address- Dhelwan Kankarbagh, Near Mithapur, Over Bridge, Dist.-
                 Patna Bihar- 800002

                                                                                    ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Nanda Shah @ Om Nandan Shah @ Nanda Gop S/O Krishna Shah Nanda
                 Gop Home Pvt. Ltd. R/O Kunal Road, Ulash Chak, Bhanpura, P.O. and P.S.-
                 Jannipur, Dist.- Patna. 801505

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Roushan Kumar, Advocate
                                                   Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
                 For the O.P. No. 2       :        Dr. Anjali Pd. Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   26-02-2026                   Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Phulwari Sharif P.S. Case No. 222 of 2025 registered                            for

                   offences under Sections 316(2), 318(4) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of cheating the informant of Rs. 31 Lakhs.

                                4. Paragraph No. 7 of the petition reads as follows:-

                                         “That the accused through online transaction
                                              have paid an amount of Rs. 11,42,000/- in
Patna High Court CR. MISC. No.67858 of 2025(4) dt.26-02-2026
                                            2/3




                                  the account of the informant and a cash
                                  amount of Rs. 3,00,000/- was paid to the
                                  informant.”
                       5. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has not committed any offence.

                       6. Learned APP for the State and the learned counsel

          for the O.P. NO. 2 have vehemently opposed the prayer for bail.

                       7. Considering the facts and circumstances of the

          case, this application for anticipatory bail stands allowed.

                       8. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, 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 learned Court below

          where the case is pending/successor Court in connection with

          Phulwari Sharif P.S. Case No. 222 of 2025 subject to the

          conditions as laid down under Section 482(2) of the BNSS and

          with further condition that:-

                                       (I). The petitioner shall pay Rs. 16,58,000/-
                          (Rupees Sixteen Lakhs Fifty Eight Thousand only) to
                          the informant within six months. At the time of
                          furnishing bail bonds, the petitioner shall produce a
                          demand draft for Rs. 2,76,333/- as first installment in
                          favour of the informant. The bail bonds shall be
                          accepted only upon production of the said demand
            Patna High Court CR. MISC. No.67858 of 2025(4) dt.26-02-2026
                                                        3/3




                                      draft, which shall be released to the informant by the
                                      learned Court below. In default, appropriate order
                                      shall be passed. After accepting the bail bonds, the
                                      Court below shall release the petitioner on interim
                                      bail.
                                                   (ii). The balance amount shall be paid by
                                      the petitioner to the informant within the next five
                                      months from his release, failing which the bail bonds
                                      shall be cancelled. However, if the petitioner deposits
                                      the entire amount of Rs. 16,58,000/- within six months
                                      from today, the interim bail shall be confirmed by the
                                      Court below.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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