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2026 Supreme(Online)(Pat) 4459

PATNA HIGH COURT
RAJESH KUMAR VERMA, J
Rakesh Kumar Harsh @ Nikhil Anand – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1889 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Mritunjay Kumar
For the Respondents: Mr. Renuka Ratnakar

Bail was granted based on the petitioner's clean antecedents and readiness to repay the complainant.

Headnote:The petitioner seeks bail while being in custody since 10.10.2025 in a case of alleged forgery involving Rs. 20,00,000/-. The petitioner, asserting false implication, states readiness to repay the complainant. The court, considering the clean antecedents and intent to settle the claim, grants bail under specific conditions.

Table of Content
1. petitioner claims false implication in forgery case regarding money. (Para 2 , 3 , 4)
2. opposition to bail based on nature of the charges. (Para 5)
3. court grants bail with stringent conditions to safeguard interests. (Para 6)

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 19-01-2026 Heard Mr. Mritunjay Kumar, learned counsel for the petitioner, Mrs. Renuka Patnakar, learned Additional Public Prosecutor for the State and learned counsel for the informant.

2. The petitioner seeks bail, who is in custody since

10.10.2025 in connection with Hajipur Town P.S. Case No. 947 of 2025, F.I.R. dated 02.08.2025, for the offences punishable under Sections 316(2), 318(4), 351(2), 3(5) of the B.N.S. and later on sections 340(2), 338, 336(3), 351(2), 61(2) of B.N.S.

and section 138 of N.I. Act .

3. According to prosecution case, petitioner and other co-accused persons are alleged to do forgery and taken Rs.

20,000,00/- from the informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner and other co-accused persons have received a cheque amount of Rs. 20 Lakhs from the complainant and petitioner has already returned Rs. 11,30,000/- and the rest amount of Rs. 8,70,000/- has to pay to the complainant. Learned counsel on instruction further submits that the petitioner is ready to pay the aforesaid amount to the complainant. Petitioner is in custody since 10.10.2025.

5. Learned APP for the State and complainant have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and petitioner is ready to return the due amount to the complainant, 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 947 of 2025, with the following conditions:

i. 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 her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. 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.

iii. 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 crimi- nal 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 de-

layed for purpose of or in the name of verification.

iv. Learned counsel for the petitioner is directed to produce a Demand Draft of Rs. 3 Lakhs (Rs. 3,00,000-/) in favour of the complainant at the time of furnishing bail bonds and learned court below is directed to hand over the said De- mand Draft to the counsel for the complainant/opposite party no. 2 or his representative and the rest amount i.e. 5,70,000/- will be paid to the complainant within a period of two months from the date of furnishing bail bond if the petitioner fails to pay the rest amount to the complainant/opposite party no. 2, the complainant is at liberty to move before the court below to can-

cel his bail bond.

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