Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65907 of 2025 Arising Out of PS. Case No.-149 Year-2021 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Mukesh Kumar S/o Lakhan Paswan R/o Village - Kamruddinpur Chowk, P.S - Muffasil (Singhaul), District - Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pradip Kumar S/o Nand Kishore Paswan R/o Mohalla - Shadipur, PWD Quarter, Shah Jubair Road, Ambe Chowk, P.S - Kotwali, District - Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ashutosh Kumar Verma, Advocate For the State :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 406, 420 and 504 of the Indian Penal Code.
3. As per complaint petition, it is alleged that this petitioner, in collusion with other accused persons, by fraudulent misinterpretation, induced the complainant to part with huge amount of money on the false pretext of providing employment in the Railways. It is alleged that Rs. 7,43,000/- was credited in the account of the accused persons by the complainant and Rs. 20,000/- was paid in cash.
Patna High Court CR. MISC. No.65907 of 2025(4) dt.13-01-2026 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the complaint petition it is apparent that the complainant parted with money for an illegal purpose and he cannot be allowed to urge that he has been cheated. No such occurrence, as alleged in the complaint petition, ever took place. However, it is submitted that at this stage, without admitting his guilt, petitioner is ready to deposit the amount allegedly transferred in the account of this petitioner, amounting to Rs. 2,94,000/- (Rupees two lakh ninetyfour thousand), in easy installments. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, clean antecedents and aforesaid undertaking of the petitioner, prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.65907 of 2025(4) dt.13-01-2026 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger in connection with Complaint Case No. 149C of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S., along with the following terms and conditions: "A. At the time of furnishing bail-bond Rs. 1,00,000/- (Rupees one lakh) shall be deposited through cash in the Nazarat of the Civil Court, Munger.
B. Rest amount i.e. Rs. 1,94,000/- (Rupees one lakh ninety-four thousand) shall be deposited in the Nazarat of Civil Court, Munger in two equal installments within a period of six months from the date of furnishing bailbond. C. The aforesaid payment shall be subject to the final outcome of the case.
D. If petitioner fails to comply the aforesaid direction of this Court, the learned Trial Court is free to cancel the bail-bond of the petitioner."
8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) shashank/- U T