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Patna High Court

Ayush kumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CR. MISC. No.88358 of 2025(2) dt.05-01-2026
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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.
Patna High Court CR. MISC. No.88358 of 2025(2) dt.05-01-2026
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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
            Patna High Court CR. MISC. No.88358 of 2025(2) dt.05-01-2026
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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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