IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5033 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- CHANDAUTI District- Gaya ====================================================== Raj Kumar Yadav @ Raju Yadav @ Rajkumar S/o Late Grivar Yadav R/o vill - Bangali Bigha, P.S.- Chandauti, Distt.- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Amrita Devi W/o Pappu Kumar R/o Mohalla - Amedkar Nagar, Police Line Road, Rampur, P.S.- Rampur, distt.- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Sinha, Advocate For the Respondent/s : Mrs. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 12-02-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the respondent/complainant. 2. The instant appeal has been filed by the appellant against the order dated 21.11.2025 passed by learned Exclusive Special Judge SC/ST, Gaya Ji whereby the prayer for bail of the appellant in connection with Chandauti P.S. Case No. 323 of 2025 under Sections 338, 336(3), 340(2), 318(4) and 3(5) of BNS and sections 3(i) (r) (s) v of SC/ST Act was rejected. 3. After some submissions, learned counsel for the appellant has submitted that the appellant is ready to return the alleged amount i.e., Rs. 3,90,000/- to the respondent/complainant in ten installments. Moreover, the Patna High Court CR. APP (SJ) No.5033 of 2025(2) dt.12-02-2026 2/3 appellant is languishing in judicial custody since 26.09.2025. 4. Learned counsel for the respondent is present and he has got no objection in accepting the above said offer. 5. From the perusal of the FIR also, it transpires that the main allegation is that the respondent has been cheated by the appellant of above sum amount. 6. Having heard learned counsel for the parties and taking into consideration the fact that the appellant is ready to return the entire amount to the respondent/complainant, the Court is inclined to allow provisional bail to the appellant. Accordingly, the impugned order dated 21.11.2025 is hereby set aside. 7. The appellant is directed to be enlarged on provisional bail in connection with Chandauti P.S. Case No. 323 of 2025 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge SC/ST, Gaya. 8. At the time of furnishing bail bonds, the appellant will deposit/pay Rs. 50,000/- to the respondent/complainant and rest amount will be paid in nine installments within six months. 9. As such, this application stands disposed of with a Patna High Court CR. APP (SJ) No.5033 of 2025(2) dt.12-02-2026 3/3 direction to the learned trial court to confirm the provisional bail granted to the appellant only after ensuring that the appellant has deposited the entire amount to the respondent/complainant as agreed by him before this Court. 10. The bail bonds of the appellant shall be accepted by the learned trial court on showing receipt of deposit of Rs. 50,000/- (Fifty thousand only) by the appellant in favour of respondent/complainant. Shubham/- (Ashok Kumar Pandey, J) U T