Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner, not being a signatory to the agreement and not named in the FIR, is entitled to bail and therefore granted bail on condition of bond and sureties.
Summary
Pramod Kumar, an employee of Dalitum Care Industries, was implicated in a fraud case (PS Case No. 343 of 2025) under Sections 316(4) and 318(4) of the Bihar Negotiable Instruments Act, 2023. The prosecution alleged that an informant paid Rs. 7,50,000 to the company for a godown lease but the amount remained unpaid. The petitioner argued that his name does not appear in the FIR, he did not sign the agreement, and the main accused Harsh Kumar and Sanjay Kumar had already been granted bail. The State opposed bail, but the court considered that the petitioner’s involvement was peripheral and that he was merely an employee. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under Sections 316(4) and 318(4) of the Bihar Negotiable Instruments Act, 2023 despite being implicated in the investigation.
- Whether the petitioner’s lack of participation in the agreement and absence from the FIR preclude the grant of bail.
Subjects
- bail
- criminal procedure
- Sections 316
- Sections 318
- Bihar Negotiable Instruments Act
- FIR
- co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14074 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- NAWADA District- Nawada
======================================================
Pramod Kumar Son of Ram Bahadur Mahto Resident of village- Shitalpur,
Ps- Dighwara, Saran Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madan Mohan
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Nawada P.S. Case No.
343 of 2025 registered for the offence punishable under
Sections-316(4) & 318(4) of the BNS, 2023.
3. The case of the prosecution, in short, is that in
pursuant to an advertisement, issued by Dalitum Care Industries
OPC Pvt. Ltd. requiring a godown in Nawada along with an
investment, of Rs. 7,50,000/- and for that, they will be paid Rs.
1,00,000/- as return till 36 months. It is further alleged that the
informant deposited Rs 5,50,000 through bank and Rs.
2,00,000/- through cash, total Rs. 7,50,000/- to Dalitum Care
and pursuant to the payment, an agreement was also prepared. It
is further alleged that a total amount of Rs. 33,50,000/- of the
Patna High Court CR. MISC. No.14074 of 2026(3) dt.15-04-2026
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informant is dues with Dalitum Care which he has not received
till date.
4. It has been submitted on behalf of the petitioner
that from perusal of the FIR, it will transpire that the petitioner
is not named in the FIR and his name surfaced in the present
case during investigation as because he was an employee of that
company. It has further been submitted that no agreement
whatsoever was executed by the petitioner. It has further been
submitted that the petitioner is neither the owner of the company
in question nor he is signatory of the agreement. It has also been
submitted that the main accused persons namely Harsh Kumar
and Sanjay Kumar have already been granted bail by a
coordinate bench of this court as they have given undertaking
that within 60 days of release, they shall start clearing all the
amount by paying Rs. Twenty though per month by 10th of every
month. It has further beenf submitted that the main thrust of
allegation was against co-accused Harsh Kumar and Sanjay
Kumar who have already been granted bail by a coordinate
bench of this court by order dated 15-11-2025 passed in Cr.
Misc. No. 44992 of 2025. The case of the petitioner stands on
better footing and he is under custody since 21-04-2025.
5. Learned APP has vehemently opposed the prayer
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for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, 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 Chief Judicial
Magistrate, Nawada in connection with Nawada P.S. Case No.
343 of 2025.
(Ashok Kumar Pandey, J)
A.K.V.//-
U T
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