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Patna High Court

Manoj Kumar@ MantuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and consequently cancelled the provisional bail.

Summary

Manoj Kumar, the petitioner, was charged under Sections 316(2), 318(4), 338, 336(3), 351(2), 352 and 61(2) of the B.N.S. for allegedly cheating an informant of approximately Rs. 31 lakh. The petitioner claimed he was falsely implicated, had a clean antecedent, and had been in custody since 25‑06‑2025, offering to cooperate with the trial. Mediation was attempted but failed; the petitioner had returned Rs. 11 lakh but refused to return the balance, and the informant produced bounced cheques as evidence. The State opposed regular bail, arguing the large amount involved and the partial repayment. The Court, finding the allegations serious and the mediation unsuccessful, dismissed the bail application, cancelled the provisional bail, and ordered the petitioner to surrender within a week.

Issues considered

  • Whether bail should be granted to a person accused of cheating a large sum of money with part payment made.
  • Whether the provisional bail previously granted can be cancelled in view of the circumstances.

Legislation cited

  • B.N.S. — s. 316(2), 318(4), 336(3), 338, 351(2), 352, 61(2)

Subjects

  • bail
  • cheating
  • fraud
  • criminal procedure
  • provisional bail
  • mediation
  • financial crime

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71318 of 2025
                          Arising Out of PS. Case No.-16 Year-2025 Thana- DELHA District- Gaya
                 ======================================================
                 Manoj Kumar@ Mantu S/o- Late Rameshwar Prasad R/v- Bagi More @
                 Bageshwari Gumti, P.S - Delha, Dist- Gaya
                                                                    ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :        Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   02-04-2026                      Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. The petitioner seeks bail in connection with Delha

                   P.S. Case No. 16/2025 registered for the offences punishable under

                   Sections 316(2), 318(4), 338, 336(3), 351(2), 352, 61(2) of B.N.S.

                                  3. As per the prosecution case, petitioner is accused of

                   cheating the informant of approx. Rs. 31 lakhs.

                                  4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned counsel

                   further submits that he has clean antecedent and he is in custody

                   since 25.06.2025. The petitioner undertakes to co-operate in the

                   case/ trial.

                                  5. The matter was referred for mediation, but the

                   mediation failed. Before the mediation, the petitioner had returned

                   Rs. 11 lakhs to the informant, but thereafter, he refused to return
              Patna High Court CR. MISC. No.71318 of 2025(6) dt.02-04-2026
                                                          2/2




                        the balance amount. Learned counsel for the petitioner has denied

                        the allegations and has submitted that the petitioner is in custody

                        since 25.06.2025.

                                     6. Learned counsel for the informant has submitted that

                        the petitioner cannot deny the allegation of cheating because some

                        cheques issued by the petitioner has also bounced.

                                     7. Learned APP for the State has opposed the prayer for

                        regular bail of the petitioner.

                                     8. Considering the allegation of cheating of a huge

                        amount, of which part payment has been made, this Court is not

                        inclined to grant bail to the petitioner.

                                     9. Accordingly, this application stands dismissed and

                        the provisional bail granted to the petitioner is hereby cancelled

                        and if the petitioner does not surrender within one week, then the

                        Senior Superintendent of Police, Gayaji will take all steps to arrest

                        the petitioner.

                                     10. Let a copy of this order be communicated through

                        FAX or e-mail to the Senior Superintendent of Police, Gayaji for

                        its compliance.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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