Mohan Kumar @ Mohan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35453 of 2025 Arising Out of PS. Case No.-13 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Mohan Kumar @ Mohan Kumar Singh son of Late Sheo Dayal Singh Village- Karma Kala P.S -Daudnagar, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mufassil P.S. Case No. 13 of 2020, dated 22.01.2020, registered for the offences punishable under Sections 341, 323, 379, 506 read with Section 34 of the IPC.
3. As per allegation, the informant has given Rs. 3,78,000/- to the petitioner and co-accused, who is father of the petitioner, for starting a mill business for the son of the informant. However, neither mill was set up in the name of the son of the informant, nor was the said money paid back to the informant.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.35453 of 2025(2) dt.18-06-2025 2/3 case. He further submits that as per the alleged facts and circumstances, at most, it constitutes a dispute of civil nature and no criminality is involved in it and the whole allegation is false and baseless.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, particularly, the civil nature of the dispute, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mufassil P.S. Case No. 13 of 2020, subject to the conditions as laid down under Section 482
(2) of the B.N.S.S., 2023 and on the following conditions:
Patna High Court CR. MISC. No.35453 of 2025(2) dt.18-06-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T