Patna High Court
Nur AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with a bond and specific conditions, pending verification of payment and antecedents.
Summary
Nur Alam and Lal Narayan Singh were arrested in May 2025 on charges of fraud and cheating amounting to Rs. 25 lakh, alleged under several sections of the B.N.S. They claimed to have taken a loan for business purposes and asserted that a compromise had been reached, with the informant receiving the full amount and agreeing not to pursue the case. The informant, however, testified that he had indeed received the Rs. 25 lakh from the petitioners. The petitioners sought bail, arguing they had clean antecedents and that the matter was settled. The court examined the compromise claim and the informant’s testimony, and ordered bail on a bond of Rs. 10,000 each with two sureties, subject to conditions including verification of payment, cooperation with the trial, and no tampering with evidence. The bail order also directed the lower court to verify the petitioners’ criminal antecedents and the genuineness of the payment before accepting the bond.
Issues considered
- What is the appropriate decision on the bail application in a fraud and cheating case where a compromise claim is asserted?
- Should the court grant bail pending verification of payment and criminal antecedents?
Legislation cited
- B.N.S. — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- fraud
- cheating
- compromise
- criminal procedure
- verification
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78098 of 2025
Arising Out of PS. Case No.-444 Year-2025 Thana- KANKARBAG District- Patna
======================================================
1. Nur Alam Son of Late Haliya Miayan @ Halim Miya Resident of Village -
Matturapur, (Mathurapur), P.S. - Barauli, District - Gopalganj
2. Lal Narayan Singh Son of Late Prayag Singh Resident Of Village-
Kalyanpur, Ps- Barauli, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Informant : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the petitioners, Mr. Bipin Kumar, learned counsel for the
Informant and Mr. Abhay Kumar Roy, learned APP for the State.
2. Petitioners seek bail, who are in custody since
22.05.2025, in connection with Kankarbagh P.S. Case No. 444 of
2025, F.I.R. dated 20.05.2025 registered for the offences
punishable under Sections 316(2), 318(4), 338, 336(3), 340(2),
3(5) of the B.N.S.
3. Allegation against the petitioner is that he has
committed fraud and cheating amounting to Rs. 25,00,000/- (Rs.
Twenty Five Lakhs) from the informant.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
Patna High Court CR. MISC. No.78098 of 2025(3) dt.22-01-2026
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implicated in the present case. He further submits that the
petitioners have taken a loan amount of Rs. 25,00,000/- (Rs.
Twenty Five Lakhs) for the purpose of business. Learned counsel
for the petitioners further submits that petitioners and the
informant have filed a compromise petition before the learned
Court below and the learned Trial Court has recorded in the
ordersheet dated 19.10.2025 that the informant has received the
dues amount of Rs. Rs. 25,00,000/- (Rs. Twenty Five Lakhs) and
will not pursue the matter.
5. Learned counsel for the Informant on instruction
submits that he has taken instruction from the informant and
submits that he has received Rs. 25,00,000/- (Rs. Twenty Five
Lakhs) from the petitioners.
6. Considering the facts and circumstances of the case,
let the petitioners, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-XI, Patna in connection with
Kankarbagh P.S. Case No. 444 of 2025, subject to the following
conditions :-
(i) Learned Court below shall verify the genuineness
from the record of Kankarbagh P.S. Case Njo. 444 of 2025
whether the petitioners have paid an amount of Rs. 25,00,000/-
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(Rs. Twenty Five Lakhs) to the informant or not before furnishing
bail bond.
(ii) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(iii) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(iv) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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