Patna High Court
Upendra Kumar @ Upendar SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, holding that the allegations did not justify arrest and that bail was appropriate under the circumstances.
Summary
The petitioner, Upendra Kumar, a bank peon, feared arrest in an FIR alleging cheating under Sections 420 and 34 of the Indian Penal Code for a deposit of Rs.40,000 that was allegedly not credited. He contended that he had no role in account maintenance, that the complaint was filed more than a year after his earlier grievance against the cashier, and that the amount had subsequently been deposited by the branch manager. He also highlighted that a co‑accused, Praveen Kumar, had already been granted anticipatory bail in a related case. The State opposed the bail application. Considering the general nature of the accusation, the lack of direct involvement, and the existence of a prior investigation against the cashier, the Court allowed the petition for anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an FIR under Sections 420 and 34 IPC.
- Whether the petitioner’s alleged involvement in the alleged cheating warrants arrest.
- Whether the existence of a prior case against the cashier and the subsequent deposit of the amount affect the bail decision.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 34, 420
Subjects
- anticipatory bail
- cheating
- IPC 420
- IPC 34
- bank fraud
- Criminal Procedure
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10406 of 2026
Arising Out of PS. Case No.-25 Year-2024 Thana- DEV District- Aurangabad
======================================================
Upendra Kumar @ Upendar Saw S/O Late Shankar Saw Resident of Village-
Baratpur, Dr. Lalit Sinha Road, (Batatpur, Dr. Lalit Sinha Road) P.S.- Nagar,
Dist.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Pramendra Kumar Singh, Advocate
For the State : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 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 case
registered for the offence punishable under Sections 420 and 34
of the Indian Penal Code.
3. As per the prosecution case, informant deposited
Rs.13,000/- and 40,000/- in Cooperative Bank, Deo and
received Pawati receipt but passbook is not updated by the
cashier on the pretext that printer is not functioning properly. It
is further submitted that the deposit of Rs.13,000/- credited in
the account of the informant but Rs.40,000/- was not credited.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is merely a peon in the bank in
Patna High Court CR. MISC. No.10406 of 2026(2) dt.09-04-2026
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question and has got no concern with the maintenance of
account or cash. Moreover, the present F.I.R. has been lodged
after a lapse of more than 1 year 3 months from his earlier
application before the D.M., Aurangabad. It is further submitted
that prior to filing of the present case and even prior to complain
filed by the informant before the D.M., Aurangabd, petitioner
has lodged Deo P.S. Case No.56 of 2021 against the cashier
Upendra Kumar and the police after investigation found the case
true and charge-sheet has been submitted only against the
cashier. The present case is result of afterthought. Moreover,
during pendency of this case, branch manager of the bank,
namely Praveen Kumar, has already deposited Rs. 40,000/- in
account of the informant. It is further submitted that co-accused
Praveen Kumar has already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
21.05.2024 passed in Cr. Misc. No. 32270 of 2024.
5. Learned A.P.P. for 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 and claim based
on parity, the prayer for grant of anticipatory bail to the
Patna High Court CR. MISC. No.10406 of 2026(2) dt.09-04-2026
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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.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Aurangabad in
connection with Deo P.S. Case No. 25 of 2024, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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