Mohnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13993 of 2025 Arising Out of PS. Case No.-23 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Mohnish Kumar Son of Shyam Nandan Lall Resident of MohallaMadarsaSulemania Lane, Nawab Bahadur Road, P.S.-Khajekala, DistrictPatna ... Petitioner

Versus

1.

The State of Bihar 2.

Syed Faizan Mehndi Son of Syed Ishrat Hussain C/O Musa Ali Khan, Resident of Chua Lal Lane, Nawab Bahadur Road, Patna, Permanent Resident of Aurangaband, Saraiya, P.S. Amjhor, District-Rohtas. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the parties.

2. Petitioner seeks regular bail in connection with Khajekala P.S. Case No. 23 of 2023 registered under Sections 420, 406 and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner along with his associates entered into an agreement with informant. Pursuant to the agreement, informant was to receive 7.25% per month on the capital amount. Thereafter, informant, his family members and his friend invested Rs. 60 lakhs in the firm, namely, Rajni Enterprises and Rajni Coal Ltd. Company. Till December 2021, 7.25% of profit was credited to their account. But from January, 2022, informant came to know that the accused persons including the petitioner invested his money in

Patna High Court CR. MISC. No.13993 of 2025(4) dt.31-10-2025 2/3 some other place. In this way, petitioner, being proprietor of the firm along with his associates committed fraud in a planned manner and embezzled money of informant, his family members and his friend.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The dispute arises out of business partnership, which is civil in nature. Charges have been framed in the case and petitioner is in custody since 11.11.2024.

5. Learned counsel for the State as well as informant oppose the prayer for bail. Learned counsel for opposite party no.2 submits that petitioner is proprietor of the alleged firm. Petitioner is named in the F.I.R. with specific allegation that he along with his associates, named in the F.I.R., committed fraud of Rs. 60 lacs. He further submits that petitioner has got several criminal antecedent of similar nature.

6. Considering the nature of accusation and period of custody of the petitioner, his prayer for regular bail is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Patna City, Patna in Khajekala Police

Patna High Court CR. MISC. No.13993 of 2025(4) dt.31-10-2025 3/3 Station Case No. 23 of 2023.

(Prabhat Kumar Singh, J) Shashi U T