Mohnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43059 of 2025 Arising Out of PS. Case No.-276 Year-2024 Thana- KHAJEKALA District- Patna ====================================================== MOHNISH KUMAR S/O SHYAM NANDAN LALL R/o Mohalla - Madarsa Sulemania Lane, Nawab Bahadur Road, P.S.- Khajekala, Distt.- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Rajiv Ranjan Kumar S/o Saroj Kumar Sharma R/o L.I.G. set 06, Block 06, M. No. 384, Bhoot Nath Road, P.S.- Agamkuan, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
For the State : Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Khajekala P.S. Case No. 276 of 2024 dated 08.07.2024 registered for the offences punishable u/ss 406, 420, 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed fraud with the informant and others and got invested their huge amount in their companies by alluring to provide them handsome profits. They embezzled huge money of the informant and others by
Patna High Court CR. MISC. No.43059 of 2025(2) dt.23-07-2025 2/3 way of cheating.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that Rajni Enterprises is the proprietorship firm of the petitioner and Rajni Coal Ltd. is a Public Ltd. Company, both companies are involved in the business of export of coal, stone and foodgrains etc. to Bangladesh. It is further submitted the petitioner had entered into business agreement with one Ghulam Ali of Jalpaiguri and Arindham Rai Chaudhary of Siliguri, who had asked him to invest the money in export of coal, stone and foodgrains etc. to Bangladesh. He invested the amount in their business and also deposited the investments made by the informant but after sometime Ghulam Ali and Arindham Rai Chaudhary stopped returning the amount of profit to the petitioner.
The petitioner has lodged Sri Krishna Puri Case Number 382/2022 against Ghulam Ali and Arindham Rai Chaudhary. There is business transaction between the parties and the said agreement was executed on assurance of the co-accused, namely, Mukesh Kumar Sinha. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 14.02.2025 passed in Cr. Misc. No. 85750/2024.
Patna High Court CR. MISC. No.43059 of 2025(2) dt.23-07-2025 3/3 petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.02.2025.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City, Patna in connection with Khajekala P.S. Case No. 276 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T