Nikhil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14432 of 2026 Arising Out of PS. Case No.-775 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Nikhil Kumar Singh S/o Binod Kumar Singh R/o Mohalla - Supriya Cinema Road, Maruti Maker, Bettiah, P.S - Bettiah Nagar, District - West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ujjawal Narayan Singh S/o Late Byas Narayan Singh Resident of - Tularam Flats Muhalla Kila, Bettiah, P.S - Bettiah Town, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-05-2026 Heard learned Counsel for the petitioner and learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Complaint Case No. 775 of 2018, under Sections 406/420/34 of the Indian Penal Code.
3. As per the prosecution, which has been initiated by virtue of complaint case in which petitioner is accused No.3 along with two named and 2 to 3 unknown persons. The allegation against the petitioner is that the accused persons have
Patna High Court CR. MISC. No.14432 of 2026(3) dt.06-05-2026 2/3 taken the complainant in confidence for the purpose of selling the land in which role of the petitioner is that the complainant sent rupees six thousand in the account of petitioner (accused No.3), who received the payment but subsequently registry was not made in favour of the complainant. Upon demand of execution of land or to to return money they have assaulted the complainant.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that he is neither land owner nor broker. He submits that he is ready to refund the said six thousand rupees in the account of the complainant of this case. He submits that antecedent of the petitioner is clean.
5. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioner, but fairly submits that role of the petitioner is not clear save and except that complainant has paid rupees six thousand in the account of petitioner.
6. In the light of the submissions, the petitioner is ready to return the said amount to the complainant.
7. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail
Patna High Court CR. MISC. No.14432 of 2026(3) dt.06-05-2026 3/3 subject to deposit of cheque of Rs.10,000/- (Ten thousand) in the name of the complainant before the Trial Court, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Judicial Magistrate, 1st Class, West Champaran at Bettiah, in connection with Complaint Case No. 775 of 2018, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Trial Court 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 delayed for purpose of or in the name of verification.
(Dr. Anshuman, J) Mkr./- U T