Patna High Court
Deep Prakash GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted provisionally subject to the stipulated conditions.
Summary
The petitioner, Deep Prakash Gupta, was charged in a 2011 case for offences including cheating, criminal breach of trust, forgery and criminal conspiracy under various IPC sections. An informant from State Bank of India alleged that Gupta and co‑accused opened fraudulent Kisan Credit Card accounts and misappropriated government funds. The petitioner’s earlier pre‑arrest bail application had been rejected, and he sought anticipatory bail. The court noted that a co‑accused had previously been granted anticipatory bail after depositing part of the alleged loss. Considering the petitioner’s willingness to pay the remaining amount in instalments, the court provisionally granted anticipatory bail, subject to a bail bond, two sureties and a directed deposit of Rs 5 lakh with the bank, followed by the balance within a month, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was made without prejudice to the merits of the case and the deposit condition is subject to the final outcome.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 420, 406, 409, 467, 468, 471 and 120B of the IPC.
- Whether the conditions imposed, including monetary deposit and sureties, are appropriate and lawful.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to grant anticipatory bail in these circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 120B, 406, 409, 420, 467, 468, 471
Subjects
- anticipatory bail
- fraud
- credit card loan
- Indian Penal Code
- Section 482
- financial crime
- bail conditions
- government funds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1297 of 2026
Arising Out of PS. Case No.-56 Year-2011 Thana- PRATAPGANJ District- Supaul
======================================================
Deep Prakash Gupta Son of Krishna Murari Prasad Resident of 77 Road no.
3, Devi Ashthan, Mainpura, Dist. - Patna, PIN - 800001.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
For the SBI : Mr. Saket Tiwary, Mr. Animesh Gupta, Mr. Raj,
Md. Arif Imam, Advocates
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-04-2026 Earlier, pre-arrest bail application of the petitioner
was rejected vide order dated 18.08.2025 passed in Cr. Misc.
No. 53780 of 2025.
2. Heard learned counsel for the petitioner, bank and
the State.
3. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 420, 406, 409, 467, 468,
471, 120B of the Indian Penal Code.
4. Informant namely, Om Prakash Sah, Branch
Manager, SBI, Pratapganj alleged that this petitioner, along with
other F.I.R. named accused persons, fraudulently opened Kisan
Credit Card loan accounts in the name of fake beneficiaries and
misappropriated huge amount of government money.
Patna High Court CR. MISC. No.1297 of 2026(3) dt.27-04-2026
2/3
5. Learned counsel for the petitioner submits that co-
accused C.S. Das has been granted anticipatory bail vide order
dated 14.07.2014 passed in Cr. Misc. No. 18914 of 2014 on the
ground of deposition of Rs. 9 lacs before the court below out of
total alleged amount of Rs. 15,50,000/- and thus, only Rs.
6,50,000/- is remaining which petitioner is willing to deposit, in
easy installments.
6. Considering the aforesaid contention made on
behalf of the petitioner, this anticipatory bail is allowed,
provisionally, and it is ordered that let the above named
petitioner in the event of his arrest/surrender before the court
below within a period of eight weeks from today, be enlarged on
provisional bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Birpur, Supaul in connection with Pratapganj P. S. Case No. 56
of 2011, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita with direction to the
petitioner that :-
(i) Petitioner shall deposit Rs. 5,00,000/- (five lacs)
through Bank Draft in favour of Branch Manager, SBI,
Pratapganj and produce its receipt at the time of furnishing bail-
Patna High Court CR. MISC. No.1297 of 2026(3) dt.27-04-2026
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bond and thereafter, rest amount i.e., 1,50,000/- (One lac fifty
thousand) shall be deposited within one month thereafter
through Bank Draft in favour of Branch Manager, SBI,
Pratapganj, failing which, the learned court below would be at
liberty to cancel the bail-bond.
7. It is made clear that without going into the merit of
the case, this order has been passed for the purpose of bail and
payment of aforesaid amount shall be subject to the final
outcome of the case.
(Prabhat Kumar Singh, J)
Navya/-
U T
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