Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8444 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- Badem P.S. District- Aurangabad ====================================================== Nitish Kumar S/O Late Nand Kishore Gupta @ Late Nand Kishore Prasad R/O Village- Obra, P.S- Obra, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vicky kumar aged about 32 years(m) s/o Shri Binda Prasad P.s. Badam DistAurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Badem P.S. Case No. 39 of 2024, registered for the offences punishable under Sections 406 and 420 of the IPC.

3. According to allegation, co-accused Santan Kumar Bhardwaj came to shop of the informant and demanded Rs. 7,00,000/-. At the request of co-accused Santan Kumar Bhardwaj, the informant transferred that amount to the petitioner's account. Coaccused Santan Kumar Bhardwaj returned Rs. 1,50,000/-, but the remaining amount was not returned to the informant.

4. Learned counsel for the petitioner has submitted that prior to the alleged occurrence, there were money transactions between the petitioner and the informant. As a matter of fact,

Patna High Court CR. MISC. No.8444 of 2025(4) dt.15-09-2025 2/2 regarding the CSP, the parties were engaged in money transactions, and the present case is of a civil nature. The petitioner is a person of clean antecedent.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that on assurance of returning the money, the informant made the payment, but the money was not refunded.

6. Considering the above-mentioned facts and circumstances especially the clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Aurangabad in connection with Badem P.S. Case No. 39 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) Nirmal/- U T