Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 482(2)
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
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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
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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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