Bhawesh Sah @ Bhawesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83956 of 2025
                   Arising Out of PS. Case No.-295 Year-2025 Thana- Sahayak Khajanchi District- Purnia
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                 Bhawesh Sah @ Bhawesh Kumar Son of Raju Prasad Sah @ Raja Sah
                 Resident of Village - Tetarpur, Bhelaganj, P.S. - Shalmari, Dist. - Katihar.

                                                                                     ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Manoj Kumar S/O Shri Rajendra Yadav R/V Maharajganj Near Sarana
                 Chowk Ward No 31 Ps Sadar District Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sumit Kumar Bhagat
                 For the Opposite Party/s :        Mr. Sanjay Kumar
                 For the O.P. No. 02      :        Mr. Shashi Bhushan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   18-06-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the O.P. No. 02 and learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Sahayak Khajanchi Hat P.S. Case No. 295 of

                   2025 registered for the offence under Sections 316(2), 316(5),

                   318(4), 352, 351(2) of the BNS.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have cheated Rs. 11 lakhs from the opposite party no.

                   02.

                                   4. At the very outset, learned counsel for the

                   petitioner, relying on the mediation report, submits that the

                   petitioner has returned Rs. 3 lakhs to the opposite party no. 02
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          and is ready to return the rest 8 lakhs in equal monthly

          installments till January, 2027.

                          5. Considering the submission of the learned

          counsel for the petitioner, let the petitioner, above named, in the

          event of his arrest or surrender before the concerned Court

          below within four weeks from today, be released on

          provisional bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned concerned Court below in connection

          with Sahayak Khajanchi Hat P.S. Case No. 295 of 2025, subject

          to the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973 / Section 482 of the BNSS.

                       6. The petitioner is directed to deposit Rs. 8 lakhs in

          the Court below in equal months installments of Rs. 1.13 lakhs

          which shall be released by the Court below in favour of the

          opposite party no. 02. It is made clear that the bail bonds of the

          petitioner shall be accepted on payment of the first installment

          and thereafter the petitioner will continue to deposit the rest

          installments before the 20th day of the month. Any default in

          depositing the installments will result in cancellation of bail

          bonds of the petitioner. It is also made clear that if the petitioner

          deposits the entire alleged cheated amount then the provisional
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                    bail granted to the petitioner shall be confirmed by the Court

                    below itself.

                                 7. During the course of argument, the learned counsel

                    for the opposite party no. 02 submits that the petitioner is trying

                    to threaten the opposite party no. 02.

                                 8. In view of the above, if any threat is made by the

                    petitioner to the opposite party no. 02 then the opposite party

                    no. 02 will approach the Senior Superintendent of Police, Patna

                    for initiating action against the petitioner in accordance with

                    law.



                                                       (Sandeep Kumar, J)
Vikas/-

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