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Patna High Court

Amit Kumar Tiwari @ Amit TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding the allegations vague and unsupported by substantive evidence.

Summary

The petitioner, Amit Kumar Tiwari, sought relief fearing arrest in a case registered under Sections 406 and 420 of the Indian Penal Code concerning an alleged embezzlement of Rs. 7.98 lakh deposited with a co‑accused's cooperative society. The prosecution alleges that Tiwari, while employed at the society, issued receipts for the deposit and was complicit in the refusal to return the money. The petitioner contended that he merely issued a receipt in the presence of the informant, had no role in the society’s operations, left the job in July 2018, and that no witness testified to his involvement. He further argued that the police only pursued him after a four‑year delay despite a lack of substantive evidence, and that the co‑accused had already been granted anticipatory bail. The court noted the vague nature of the allegations, the absence of material evidence, and the possibility of false implication, and therefore ordered his release on bail with conditions under Section 482(2) of the B.N.S.S. and the usual bail terms. The order also required the petitioner to appear before the trial court as directed.

Issues considered

  • What is the adequacy of evidence to justify the arrest of the petitioner in the case under Sections 406 and 420 IPC?
  • Whether the petitioner is entitled to bail given the vague allegations and lack of substantive material?

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • IPC 406
  • IPC 420
  • false implication
  • evidence
  • receipt
  • cooperative society
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16183 of 2026
                      Arising Out of PS. Case No.-164 Year-2021 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Amit Kumar Tiwari @ Amit Tiwari S/o Shiv Kumar Tiwari, Resident of
                 Village - Karup, P.O.- Karup Indrahiyan, P.S- Sasaram Muffasil, Dist- Rohtas.
                                                                               ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Subodh Kumar, Advocate
                 For the State             :      Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   03-04-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2.   In   the   present     case,     the    petitioner       is

                   apprehending his arrest in connection with Nasriganj P.S. Case

                   No. 164 of 2021, registered for the offences punishable under

                   Sections 406 and 420 of the Indian Penal Code.

                                      3. As per prosecution case, petitioner had been

                   working in C.S.P. being run by co-accused Pramod Tiwari. The

                   informant deposited in fixed deposit account an amount of

                   rupees seven lakhs and ninety-eight thousand on assurance of

                   co-accused that after one year of maturity, the informant would

                   receive the money back along with the interest. The allegation

                   against the petitioner is that he used to issue receipts for the

                   deposited money and the co-accused refused to return the

                   money back to the informant and drove her out and thus
Patna High Court CR. MISC. No.16183 of 2026(2) dt.03-04-2026
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          embezzled the money.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. Learned counsel further submits that only allegation

          against the petitioner is that the informant deposited the amount

          in presence of this petitioner who was working as one of the

          staff of the co-accused and issued receiving for the deposited

          amount. Learned counsel further submits that the petitioner has

          no role in running of the C.S.P. and all transactions take place

          with the biometrics of the manager who runs the C.S.P. and in

          the present case, he is the co-accused Pramod Tiwari. Learned

          counsel further submits that, however, during investigation none

          of the witnesses stated about petitioner receiving any money or

          issuing any receipt. Further, the petitioner left this C.S.P. in July,

          2018 and the amount deposited would have matured in the year

          2019 as per the averment made in the FIR. Learned counsel

          further submits that the informant has not made any allegation

          against the petitioner and initially even the Police did not take

          any action against the petitioner as there was no evidence

          against him. But after passage of four years, the Police went in

          lookout for the petitioner though there is no substantive material

          against him. Learned counsel further submits that the co-
Patna High Court CR. MISC. No.16183 of 2026(2) dt.03-04-2026
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          accused Pramod Tiwari has been granted the privilege of

          anticipatory bail by a learned co-ordinate Bench of this Court

          vide order dated 17.12.2023 passed in Cr. Misc. No. 36271 of

          2023. The learned counsel lastly submits that the petitioner is

          having antecedent of one case in which he is on bail.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          vague nature of allegation against the petitioner and further

          considering the lack of substantive material against the

          petitioner and also considering the possibility of false

          implication, let the petitioner above-named, in the event of his

          arrest or surrender before the Court concerned within a period of

          eight weeks from today, be released on bail, on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two

          sureties of the like amount each to the satisfaction of learned

          Sub-Divisional        Judicial     Magistrate,       Bikramganj,   Rohtas,

          Sasaram, in connection with Nasriganj P.S. Case No. 164 of

          2021, subject to the conditions as laid down under Section

          482(2) of the B.N.S.S. and other following conditions:

                          (i) One of the bailors will be a close relative of the
          Patna High Court CR. MISC. No.16183 of 2026(2) dt.03-04-2026
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                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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