Patna High Court

Deepak Kumar @ Deepak YadavversusThe State of Bihar

Decided: 18 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioner’s clean antecedents, the absence of concrete evidence and the length of custody, bail should be granted.

Summary

Deepak Kumar, a branch manager of Swabhiman Finance Pvt Ltd, was charged under IPC sections 420, 409 and 34 for allegedly defrauding Rs. 17.10 lakh. The prosecution alleged that he, along with a co‑accused, misappropriated the amount, while the petitioner claimed he was falsely implicated and had no criminal antecedents. He had been in custody since 25‑Nov‑2025 and argued that there was no documentary evidence linking him to the alleged misappropriation. The State opposed bail, but the court considered the petitioner’s clean record, the lack of substantive proof, and the period of custody. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, ordering his release.

Issues considered

Whether the petitioner is entitled to bail despite charges under Sections 420, 409 and 34 of the IPC
Whether the evidence on record justifies denial of bail

Legislation cited

Indian Penal Code — s. 34, 409, 420

Subjects

bail
IPC
Section 420
Section 409
Section 34
cheating
criminal breach of trust
defalcation
finance
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10146 of 2026

                      Arising Out of PS. Case No.-54 Year-2024 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Deepak Kumar @ Deepak Yadav S/o Sahdeo Yadav R/o Village - Banvarsha,
                 P.S - Dharhara, District - Munger

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    Pankaj Kumar S/o Nandu Bhagat Resident of - Kamalpur Ward No. 1, P.S -
                 Lalganj, District - Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Vivekanand Singh, Advocate
                 For the State           :        Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 420, 409 and 34 of the Indian

                   Penal Code.

                                3. As per prosecution case, informant, who is

                   Regional Head of Swabhiman Finance Pvt. Ltd., alleged that

                   this petitioner, who was the Branch Manager, along with co-

                   accused Mohan Kumar Sah, who was the Field Officer, of

                   Beldaur branch, defalcated a sum of Rs. 17,10,000/-.
Patna High Court CR. MISC. No.10146 of 2026(2) dt.18-02-2026
                                            2/3




                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          As a matter of fact, petitioner has falsely been implicated in this

          case in order to cover up the misappropriation committed by

          higher officials of the finance company. There is no chit of

          paper on record to support the fact that the alleged amount was

          handed over to this petitioner in order to deposit the same in the

          bank account and as such, petitioner has not defalcated any

          amount of the private finance company. Moreover, charge-sheet

          has already been submitted and petitioner, having no criminal

          antecedents, is in custody since 25.11.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, materials available on record, period of custody and clean

          antecedents of the petitioner, the prayer for grant bail of to the

          petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate 1st Class, Khagaria in
             Patna High Court CR. MISC. No.10146 of 2026(2) dt.18-02-2026
                                                         3/3




                       connection with Beldaur P.S. Case No. 54 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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