Patna High Court
Akendra Kumar Thakur @ Akendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Akendra Kumar Thakur was arrested on 22 May 2025 in connection with a fraud and cheating case involving Rs. 25 lakh, alleged under several sections of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed a clean antecedent, that the alleged amount had been paid to the informant, and that a compromise petition had been filed and accepted by the trial court. He also pointed out that co‑accused persons had been granted bail in a similar case. The State opposed bail, arguing the seriousness of the offences. The Patna High Court, after hearing both sides, granted bail on a cash bond of Rs. 10,000 with two sureties, subject to conditions including verification of payment, cooperation with the trial, and no tampering with evidence or concealment of antecedents. The order directed the lower court to verify the payment and the petitioner’s antecedent but not to delay the bail on that basis.
Issues considered
- What is the appropriateness of granting bail to the petitioner accused of fraud and cheating under the Bharatiya Nyay Sanhita, considering the seriousness of the offences and the alleged compromise?
- Whether the petitioner’s clean antecedent and the payment of the alleged amount to the informant justify bail?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- fraud
- cheating
- compromise
- criminal antecedent
- Bharatiya Nyay Sanhita
- Patna High Court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9122 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Akendra Kumar Thakur @ Akendra Kumar S/o Brij Kumar Thakur R/o
Village - Hasipur (Ajijpur / Hajiyapur), P.S. - Gopalganj, District - Goplagnaj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dinesh Prasad s/o Late Tribeni Prasad , R/o Vill- Bigrahpur ,P.S.-
Jakkanpur , Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 10-04-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the petitioner as well as Mr. Ganesh Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.05.2025 in connection with Kankarbagh P.S. Case No. 444 of
2025, F.I.R. dated 20.05.2025 for the offences punishable under
Sections316(2), 318(4), 338, 336(3), 340(2), 3(5) of the
Bharatiya Nyay Sanhita, 2023 .
3. Allegation against the petitioner is that he has
committed fraud and cheating amounting to Rs.25,00,000/- (Rs.
Twenty five Lakhs) from the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9122 of 2026(3) dt.10-04-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
petitioner had taken a loan amount of Rs.25,00,000/- (Rs.
Twenty Five Lakhs) for the propose of business. He further
submits that both the parties have entered into agreement and
they have filed a compromise petition before learned Court
below and petitioner and other co-accused persons have paid
Rs.25,00,000/- (Rs. Twenty Five Lakhs) to the informant and
learned Trial Court has recorded in the ordersheet dated
19.10.2025 that the informant has received the dues amount of
Rs.25,00,000/- (Rs. Twenty Five Lakhs) and will not pursue the
matter. He next submits that similarly situated co-accused
persons, namely, Nur Alam and Lal Narayan Singh have been
granted the privilege of bail by this Court vide order dated
22.01.2026 in Cr. Misc. No. 78098 of 2025. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
22.05.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.9122 of 2026(3) dt.10-04-2026
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let the petitioner, above named, be released on 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 Additional
Chief Judicial Magistrate-XI-cum C.J.(S.D.)-XI, Patna in
connection with Kankarbagh P.S. Case No. 444 of 2025, subject
to the following conditions:-
i. Learned Court below shall verify the genuineness
from the record of Kankarbagh P.S. Case No. 444 of 2025
whether the petitioner had paid an amount of Rs. 25,00,000/-
(Rs. Twenty Five Lakhs) to the informant or not before
furnishing bail bond.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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