Balmiki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20598 of 2026 Arising Out of PS. Case No.-78 Year-2024 Thana- KATIHAR COMPLAINT CASE DistrictKatihar ====================================================== Balmiki Kumar Son of Sudhir Prasad @ Sudhir Prasad Yadav @ Sudhir Yadav R/o Banki - Basa, P.O. - Rupouli, P.S. - Rupouli, Dist. - Katihar, State - Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sweta Kumari W/o Sanjay Choudhary R/o Musapur P.O. - Musapur, P.S. - Korha, Dist. - Katihar, State - Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Mrs. Rupa Sinha, Advocate Mr. Abhigyan Kumar, Advocate For the Informant :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State.

2. The petitioner has prayed for bail in connection with District Katihar Complaint Case No. 78 of 2024 registered for the offence punishable under Sections 420, 467, 468, 471, 406 of the Indian Penal Code and Section 138 of the N.I. Act.

3. The case of the prosecution based on the complaint petition is that there was an agreement between the complainant and the petitioner for the sale of a piece of land. It is alleged that the petitioner has received Rs. 16,01,000/- and has issued cheques of Rs. 13,00,000/-. The rest is to be paid in cash. It is further alleged that all the cheques were dishonored.

Patna High Court CR. MISC. No.20598 of 2026(2) dt.31-03-2026 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He also submits that the petitioner is ready to pay Rs. 9,00,000/- as rest amount he has paid in cash to the complainant. He further submits that the petitioner is languishing in judicial custody since 22.01.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of two cases. Learned counsel for the complainant is present and he has got no objection if the petitioner pays the same within a period of six months.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall pay Rupees Nine lakhs within nine months to the complainant. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class in connection with District Katihar Complaint Case No. 78 of 2024. (Ashok Kumar Pandey, J) Sudhanshu/- U T