Nagina Prasad @ Nagina Rai Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Nagina Prasad @ Nagina Rai Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional bail granted vide order dated 19.02.2025 extended for six months; petitioner given six months from the date of the order to pay the entire dues, failing which the provisional bail shall stand cancelled; on payment within six months, the trial Court itself to confirm the provisional bail.

Issue for consideration

Whether the provisional bail granted to the petitioner vide order dated 19.02.2025 should be extended and further time granted to pay the outstanding dues of Rs. 14,30,000/-, and on what conditions.

Court's answer

The provisional bail granted to the petitioner vide order dated 19.02.2025 is extended for six months.

Ratio / Principle

The petitioner is granted six months' further time from the date of the order to pay the entire dues; if he fails to pay within six months, the provisional bail granted to him shall stand cancelled.

Key takeaways

If the petitioner pays the entire amount within six months, the provisional bail granted vide order dated 19.02.2025 shall be confirmed by the trial Court itself.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J.), by order dated 02-12-2025 in Criminal Miscellaneous No.9173 of 2025 (arising out of PS Case No. 656 of 2019, Thana Madhaurah, District Saran), disposed of the petitioner's application for extension of provisional bail in a case registered under Sections 406, 420, 467, 468, 469, 386, 323, 120(b) and 387 IPC and Section 27 of the Arms Act. The petitioner had, vide order dated 30.07.2025, admitted to pay the entire dues of Rs. 14,30,000/-, of which Rs. 6,00,000/- had been paid, and was directed to pay the balance within three months but was unable to do so. Learned counsel for the informant and the APP had no objection to six months being granted, subject to cancellation of bail on default. The Court extended the provisional bail granted vide order dated 19.02.2025 for six months, granted six months' further time from the date of the order to pay the entire dues, directed that the provisional bail shall stand cancelled on failure to pay, and that on payment within six months the trial Court itself shall confirm the provisional bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9173 of 2025

Arising Out of PS. Case No.-656 Year-2019 Thana- MADHAURAH District- Saran

======================================================

Nagina Prasad @ Nagina Rai S/o- Late Kamla Prasad Village- Awari PsMarhowrah Dist- Saran

... ... Petitioner/s

Versus

The State of Bihar

Vijay Prasad S/o- Late Sona Lal Prasad @ Late Sona Lal Sah VillageAsoiya Ps- Marhowrah Dist- Saran

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv For the Opposite Party/s : Mr. B.N. Pandey, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

7 02-12-2025

Heard learned counsel for the petitioner and Mr. B.N.

Pandey, learned APP for the State.

2 . The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 406, 420, 467, 468, 469, 386, 323, 120(b) and 387 of the I.P.C. and Section 27 of the Arms Act.

3 . Learned counsel for the petitioner has submitted that vide order dated 30.07.2025, it is clear that the petitioner has admitted to pay the entire dues of Rs. 14,30,000/- and out of that, he has already paid Rs. 6,00,000/- but vide that order, he was directed to pay the rest amount within the period of three months. It has been submitted that he has not been able to pay

the rest amount within three months however he will pay the

Patna High Court CR. MISC. No.9173 of 2025(7) dt.02-12-2025 2/2

entire amount within the period of six months.

5 . Learned counsel for the informant and learned APP

for the State have submitted that if the petitioner is ready to pay the said amount within the period of six months, he may be given that time but if he fails to pay the amount within six months, the provisional bail granted to the petitioner should be cancelled.

6 . Having heard learned counsel for the parties and considering the facts and circumstances of the case, the provisional bail granted to the petitioner vide order dated 19.02.2025 is hereby extended for six months.

7 . The petitioner is given six months more time from today to pay the entire dues. If he fails to pay the same within six months, provisional bail granted to him shall stand cancelled. If the petitioner pays the entire amount within six months, the provision bail granted to the petitioner vide order dated 19.02.2025 shall be confirmed by the trial Court itself.

8 . Accordingly, the application stands disposed of.

(Ashok Kumar Pandey, J)

Jyoti/-

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