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Patna High Court

Upendra Kumar @ Upendar SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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