PATNA HIGH COURT
Santosh Kumar Singh @ R.K Singh
Cr.Misc.-81916/2025
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81916 of 2025 Arising Out of PS. Case No.-85 Year-2016 Thana- KOTWALI District- Patna ======================================================
Santosh Kumar Singh @ R.K Singh S/o Sri Krishna Kumar Singh RO Village- Ramchuan, PS- Shambhuganj, DIstrict- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Sinha For the Opposite Party/s : Mr.Prem Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
3 11-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail in connection with Kotwali P. S. Case No. 85 of 2016 registered for the offences punishable under Sections 419 and 420 of the IPC.
3. The main allegation against the petitioner is that he dishonestly induced the informant to pay Rs. 1,50,000/- on the pretext of providing job in Railways. After receiving the money, he absconded and thereby committed cheat and fraud with the informant.
4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case due to previous enmity. He further submits that during the course of travel, a dispute arose between the informant and the petitioner regarding payment of vehicle fare, and on account of the said dispute, the informant has lodged this false case out of revenge. There is no documentary evidence to show that any money was ever paid to the petitioner and the allegation is based solely on the oral statement of the informant. It is also stated in para 3 of the bail application that petitioner has clean antecedent.
5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. As per FIR, there is allegation against the petitioner to take Rs. 1,50,000/- from the informant on the pretext of giving job in the railway department. The above set of facts establishes the principle of pari delicto and petitioner is entitled to get the privilege of bail.
7. Keeping in view the aforesaid facts and considering the clean antecedent of the petitioner, let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender within a period of four weeks from the date of receipt/production a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Kotwali P. S. Case No. 85 of 2016 subject to the conditions as laid down under Section 482(2) of BNSS.
(S. B. Pd. Singh, J)
prabhakar/-
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