Patna High Court
Ayush kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to a bail bond, sureties, and compliance with the condition of repaying the alleged amount to the informant.
Summary
Ayush Kumar applied for anticipatory bail fearing arrest in a case alleging fraud, forgery and intimidation under sections 318(4), 338, 336(3), 351(2) and 3(5) of the B.N.S. The prosecution alleged that he produced false documents to induce the informant, Deepak Kumar, to pay Rs. 18,48,180 and later threatened him. The petitioner claimed innocence and offered to repay the entire amount in installments, proposing an initial payment of Rs. 5,00,000 and the balance in four equal installments within six months, and was willing to file an affidavit to that effect. The informant’s counsel accepted the repayment offer. The Court, after considering the offer and the petitioner’s willingness to comply with bail conditions, granted provisional anticipatory bail subject to a bail bond of Rs. 10,000, two sureties, and the payment of the full amount to the informant, with verification by the trial court. The application was disposed of with the bail order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the alleged offences under the B.N.S.
- Whether the proposed repayment schedule and affidavit can be imposed as conditions for granting bail
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 3(5), 351(2)
Subjects
- anticipatory bail
- B.N.S.
- fraud
- restitution
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88358 of 2025
Arising Out of PS. Case No.-86 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Ayush Kumar, S/O Shailendra Prasad Singh, Resident of village - Bhairwaar,
P.S - Lakho, District- Begusarai. Presently residing of Chakardaha more,
Millat colony, Bari Khagaul, P.S Khagaul, District Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deepak Kumar, S/O Garib Chandra Lal R/O Vill.- Baghi Gandhi Chock,
P.O- Shuhirdnagar P.S- Lohiyanagar,Dist- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner, learned
counsel for O.P. No. 2 and learned APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in a case
instituted for the offence punishable under Sections
318(4),338, 336(3), 351(2), 3(5) of the B.N.S.
3. Prosecution case in nutshell is that Ayush
Kumar, petitioner falsely produced documents regarding
ownership of land and dishonestly induced the informant to
pay a total of Rs. 18,48,180/- (eighteen lakh forty eight
thousand one hundred eighty rupees) . It is further alleged
that petitioner and other co-accused persons threatened the
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informant of dire consequences when the informant
demanded to return his money.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. During the course of argument,
learned counsel for the petitioner fairly submits that Rs.
18,48,180/- (eighteen lakh forty eight thousand one
hundred eighty rupees) has been taken by the present
petitioner from the informant Deepak Kumar and petitioner
is ready to pay the alleged amount in four installment in
following way:-
1st installment of Rs. 5,00,000/- (five lakh
rupees) at the time of filing bail bonds. And rest amount ie.
Rs. 13,48,180/- ( thirteen lakh forty eight thousand one
hundred eighty rupees) in four equal installment within a
period of six months from the date of receipt/production of
this order. Petitioner is also ready to file an affidavit in this
regard i.e. mode of payment.
5. Learned counsel for the informant has accepted
the offer of the petitioner.
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6. Learned counsel for the petitioner is directed to
pay the entire amount on the date fixed as per his
submission.
7 . Having heard learned counsel for the parties and
considering the above facts, this Court is inclined to enlarge
the petitioner on provisional anticipatory bail. The above
named petitioner is directed to be enlarged on provisional
bail in the event of his arrest or surrender before the
learned court below within a period of four weeks, in
connection with Lohiyanagar P.S. Case No. 86 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Begusarai. As per
his submission, petitioner shall also file an affidavit
regarding payment of said amount.
8. After payment of the entire amount to the
informant, the Trial Court may confirm the provisional Bail
granted to the petitioner, on verifying the payment receipts
of entire amount ie. Rs. 18,48,180/- (eighteen lakh forty
eight thousand one hundred eighty rupees) paid by the
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petitioner to informant. Trial Court will also verify the
receipt of payment of Rs. 5,00,000/- (five lakh rupees) by
the petitioner in the account furnished by the informant,
subject to the condition that one of the bailors should be
family member/close relative of the petitioner.
9. Accordingly, the instant application stands
disposed off.
(S. B. Pd. Singh, J)
Khushbu/-
U T
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