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Patna High Court

Hari Nandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner with conditions of a Rs.10,000 bond, two sureties, and payment of Rs.80,000 in four installments.

Summary

The petitioner, Hari Nandan Kumar, was arrested in connection with a case registered under Sections 316(5), 318(4) and 3(5) of the Bihar Negotiable Instruments Act for allegedly collecting loans amounting to Rs. 2,15,987. He applied for bail, claiming innocence and stating that he had agreed to refund Rs. 80,000 to the informant. The State contended that the petitioner had indeed accepted to deposit the Rs. 80,000 during investigation. The court noted the petitioner’s lack of prior criminal record, his willingness to pay the stipulated amount in four installments, and his prolonged custody since 08‑08‑2025. Considering these factors, the court ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to the condition of depositing Rs. 80,000 within four months.

Issues considered

  • Whether bail should be granted to the petitioner charged under Sections 316(5), 318(4) and 3(5) of the Bihar Negotiable Instruments Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Negotiable Instruments Act
  • Section 316
  • Section 318
  • Section 3
  • no criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84018 of 2025
                        Arising Out of PS. Case No.-62 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Hari Nandan Kumar Son of Sajjan Sah R/o Village - Mirganj, Ward no. 23,
                 P.S. - Town, Dist. - Begusarai.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Sumiran Rai, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   16-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Mansi P.S. Case No. 62 of 2025 registered for the offence

                   punishable under Sections 316(5), 318(4) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner has collected loans of money from the customers to

                   the tune of Rs. 2,15,987/-

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel for the petitioner has submitted that

                   during course of investigation, this petitioner has accepted that

                   he will refund Rs. 80,000/-. It has further been submitted that as
             Patna High Court CR. MISC. No.84018 of 2025(5) dt.16-03-2026
                                                         2/2




                       the petitioner is ready to pay the same, he may be given four

                       months time for depositing the same. He is having no criminal

                       antecedent and he is languishing in judicial custody since

                       08.08.2025.

                                    5. Learned APP appearing for the State has also

                       submitted that the petitioner has also accepted during

                       investigation that he will deposit the total sum of Rs. 80,000/-

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Khagaria in connection with Mansi P.S. Case No. 62 of 2025

                       with the condition that he shall deposit the amount i.e. Rs.

                       80,000/- to the informant within a period of four months

                       after getting released from the custody in 4 equal

                       installments.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


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