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2026 Supreme(Online)(Pat) 4574

PATNA HIGH COURT
Rajesh Kumar Verma, J
Nur Alam – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.78098 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Bijay Prakash Singh
For the Informant: Mr. Bipin Kumar
For the Respondents: Mr. Abhay Kumar Roy, APP

Court grants bail based on verified payment and cooperation in trial amidst fraud allegations.

Headnote:Section 316(2), 318(4), 338, 336(3), 340(2) of the B.N.S. are applicable in the context of allegations of fraud amounting to Rs. 25,00,000/- against the petitioners. The Court found the petitioners have clean antecedents and had filed a compromise with the informant. The primary question was whether bail should be granted based on the circumstances, leading to the conclusion of granting bail under certain conditions including verification of payment and cooperation in trial.

Table of Content
1. bail granted with specific verifying conditions established. (Para 2 , 6)
2. allegations of fraud and prior compromise are central to the bail analysis. (Para 3 , 4 , 5)

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Informant : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioners, Mr. Bipin Kumar, learned counsel for the Informant and Mr. Abhay Kumar Roy, learned APP for the State.

2. Petitioners seek bail, who are in custody since

22.05.2025, in connection with Kankarbagh P.S. Case No. 444 of 2025, F.I.R. dated 20.05.2025 registered for the offences punishable under Sections 316(2), 318(4), 338, 336(3), 340(2), 3(5) of the B.N.S.

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 petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the petitioners have taken a loan amount of Rs. 25,00,000/- (Rs. Twenty Five Lakhs) for the purpose of business. Learned counsel for the petitioners further submits that petitioners and the informant have filed a compromise petition before the learned Court below and the learned Trial Court has recorded in the ordersheet dated 19.10.2025 that the informant has received the dues amount of Rs. Rs. 25,00,000/- (Rs. Twenty Five Lakhs) and will not pursue the matter.

5. Learned counsel for the Informant on instruction submits that he has taken instruction from the informant and submits that he has received Rs. 25,00,000/- (Rs. Twenty Five Lakhs) from the petitioners.

6. Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-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 Njo. 444 of 2025 whether the petitioners have paid an amount of Rs. 25,00,000/-

(Rs. Twenty Five Lakhs) to the informant or not before furnishing bail bond.

(ii) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(iii) If the petitioners tamper with the evidence or the witness, 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 petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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)

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