Patna High Court
Hari Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 316(5), 318(4), 3(5)
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
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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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