Ayush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88358 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- LAUHIYANAGAR District- Begusarai ====================================================== Ayush Kumar, S/O Shailendra Prasad Singh, Resident of village - Bhairwaar, P.S - Lakho, District- Begusarai. Presently residing of Chakardaha more, Millat colony, Bari Khagaul, P.S Khagaul, District Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Deepak Kumar, S/O Garib Chandra Lal R/O Vill.- Baghi Gandhi Chock, P.O- Shuhirdnagar P.S- Lohiyanagar,Dist- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner, learned counsel for O.P. No. 2 and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 318(4),338, 336(3), 351(2), 3(5) of the B.N.S.
3. Prosecution case in nutshell is that Ayush Kumar, petitioner falsely produced documents regarding ownership of land and dishonestly induced the informant to pay a total of Rs. 18,48,180/- (eighteen lakh forty eight thousand one hundred eighty rupees) . It is further alleged that petitioner and other co-accused persons threatened the
2/4 informant of dire consequences when the informant demanded to return his money.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. During the course of argument, learned counsel for the petitioner fairly submits that Rs. 18,48,180/- (eighteen lakh forty eight thousand one hundred eighty rupees) has been taken by the present petitioner from the informant Deepak Kumar and petitioner is ready to pay the alleged amount in four installment in following way:- 1st installment of Rs. 5,00,000/- (five lakh rupees) at the time of filing bail bonds. And rest amount ie. Rs. 13,48,180/- ( thirteen lakh forty eight thousand one hundred eighty rupees) in four equal installment within a period of six months from the date of receipt/production of this order. Petitioner is also ready to file an affidavit in this regard i.e. mode of payment.
5. Learned counsel for the informant has accepted the offer of the petitioner.
3/4
6. Learned counsel for the petitioner is directed to pay the entire amount on the date fixed as per his submission.
7. Having heard learned counsel for the parties and considering the above facts, this Court is inclined to enlarge the petitioner on provisional anticipatory bail. The above named petitioner is directed to be enlarged on provisional bail in the event of his arrest or surrender before the learned court below within a period of four weeks, in connection with Lohiyanagar P.S. Case No. 86 of 2025 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. As per his submission, petitioner shall also file an affidavit regarding payment of said amount.
8. After payment of the entire amount to the informant, the Trial Court may confirm the provisional Bail granted to the petitioner, on verifying the payment receipts of entire amount ie. Rs. 18,48,180/- (eighteen lakh forty eight thousand one hundred eighty rupees) paid by the
4/4 petitioner to informant. Trial Court will also verify the receipt of payment of Rs. 5,00,000/- (five lakh rupees) by the petitioner in the account furnished by the informant, subject to the condition that one of the bailors should be family member/close relative of the petitioner.
9. Accordingly, the instant application stands disposed off.
(S. B. Pd. Singh, J) Khushbu/- U T