Santosh Kumar @ Santosh Sharma @ Sudarshan Kumar @ Sudarshan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18206 of 2026 Arising Out of PS. Case No.-768 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== Kajal Devi Wife of Santosh Kumar @ Sudarshan Kumar @ Sudarshan Sharma Resident of Balkhari Matiha, P.S.- Karpi, District- Arwal, Presently residing at Mohanpur Punaichak, P.S.- Shastri Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18670 of 2026 Arising Out of PS. Case No.-768 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== Santosh Kumar @ Santosh Sharma @ Sudarshan Kumar @ Sudarshan Sharma S/O Siyaram Sharma @ Lal Bahadur Singh Resident of Darveshpur, ward No.- 4, P.O.- Sarwan, P.S. - Sarta Dist.- Arwal, Presently R/at Mohanpur Punaichak, P.S.- Shastri Nagar, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20491 of 2026 Arising Out of PS. Case No.-768 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== PUNAM KUMARI W/O MANOJ SHARMA R/o Balaji Nagar, Near Hi Tech Hospital, Saguna More, P.S.- Danapur, Distt.- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 18206 of 2026) For the Petitioner/s :
Mr. Satish Kumar singh Mr. Dinesh Maharaj Mr. Braj Bhushan Mishra
2/5 Mr. Radhe Shyam For the Opposite Party/s :
Mr.Narendra Kumar Singh For the Informant :
Mr. Amresh Kumar Sinha (In CRIMINAL MISCELLANEOUS No. 18670 of 2026) For the Petitioner/s :
Mr. Satish Kumar singh Mr. Dinesh Maharaj Mr. Braj Bhushan Mishra Mr. Radhe Shyam For the Opposite Party/s :
Mr.Narendra Kumar Singh For the informant :
Mr. Amresh Kumar Sinha (In CRIMINAL MISCELLANEOUS No. 20491 of 2026) For the Petitioner/s :
Mr.Nishikant For the Opposite Party/s :
Mr.Ganesh Prasad Singh For the Informant :
Mr. Amresh Kumar Sinha.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-06-2026 Re:-Cr. Misc. No. 18206 of 2026& Cr. Misc. No. 18670 of 2026.
Heard the parties.
2. The petitioner of both the aforesaid cases seek regular bail in connection with Shastri Nagar P.S. Case No. 768 of 2025 registered for the offence under Sections 319(2), 318(4) and 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioner of both the aforesaid cases are husband and wife and they are accused of cheating the informant and they are also accused of issuing two cheques amounting to Rs. 12,81,000/- in the name of the informant which have bounced.
4. The petitioners are in custody since 14.12.2025.
5. Learned counsel for the petitioners submits that the petitioners are ready to return Rs. 12,81,000/- to the informant
3/5 and they may be granted provisional bail for the same.
6. In view of the aforesaid submission of the learned counsel for the petitioners, let the petitioners of both the aforesaid cases, above named, be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Shastrinagar P.S. Case No. 768 of 2025.
7. As a condition of this order, the petitioners are directed to return the alleged disputed amount of Rs. 12,81,000/- to the informant in equal monthly installments. The first installment of Rs. 1,00,000/- shall be paid to the informant within 15 days from the acceptance of the bail bonds of the petitioners and thereafter for the balance amount, an installment of Rs. 1,00,000/- shall be paid to the informant on monthly basis.
8. It is made clear that if the petitioners fails to pay the installment/s then the concerned Court below will cancel the bail bonds bail bonds of the petitioners.
9. It is also made clear that if the petitioners return the entire alleged amount in question to the informant and the same is supported by the informant then the provisional bail granted
4/5 to the petitioners shall be confirmed by the Court below. Re:-Criminal Miscellaneous No. 20491 of 2026
10. Heard the parties.
11. The petitioner seeks regular bail in connection with Shastri Nagar P.S. Case No. 768 of 2025 registered for the offence under Sections 319(2), 318(4) and 3(5) of the BNS, 2023.
12. As per the prosecution case, the petitioner is said to have impersonated as the owner of the land which was to be sold to the informant.
13. The petitioners are in custody since 28.12.2025.
14. Learned counsel for the petitioners submits that the petitioner is innocent and she has falsely been implicated in this case. He also submits that the petitioner has no knowledge about the alleged offence.
15. In view of the fact that the petitioners accused Santosh Kumar and Kajal Devi have undertaken to return the informant the entire alleged money in dispute which has been taken for registration of land in question and there is no allegation against the petitioner of cheating the informant by taking money for the same, this application is allowed.
16. Let the petitioner, above named, be released on
5/5 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Shastrinagar P.S. Case No. 768 of 2025.
(Sandeep Kumar, J) Vikas/- U