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Patna High Court

Sonu KushwahaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for provisional bail was allowed.

Summary

The petitioner, Sonu Kushwaha, sought provisional bail fearing arrest in a case (Piparasi P.S. Case No. 70 of 2022, Tr. No. 2873 of 2025) involving alleged defalcation of Rs. 8,75,000 under IPC sections 420, 409 and 34. The prosecution alleged his participation in the fraud, while the petitioner claimed innocence and willingness to repay his share of the amount. The court examined the application under Section 438(2) of the Code of Criminal Procedure and Section 482 of the Bihar Negotiable Instruments Act. Finding no compelling reason to deny bail, the court allowed the application, granting provisional bail on a bond of Rs. 10,000 with two sureties. Additionally, the petitioner was directed to deposit Rs. 5 lakh in monthly installments of Rs. 25,000, after which the interim bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to provisional bail under Section 438(2) CrPC in the pending criminal case.
  • Whether the conditions imposed under Section 482 of the Bihar Negotiable Instruments Act are applicable.

Legislation cited

Subjects

  • provisional bail
  • Section 438 CrPC
  • Section 482 BNSS
  • defalcation
  • IPC sections 420, 409, 34
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16215 of 2026
                    Arising Out of PS. Case No.-70 Year-2022 Thana- PIPRASI District- West Champaran
                 ======================================================
                 Sonu Kushwaha S/o Subhash Kushwaha R/o Vill - Gobarahiya, ward no. 2,
                 P.S.- Piparasi, Distt.- West Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suresh Prasad Sharma
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Piparasi P.S. Case No. 70 of 2022, Tr. No. 2873

                   of 2025 registered for the offence under Sections 420, 409, 34 of

                   the Indian Penal Code.

                                   3. As per the prosecution case, the petitioner and

                   other accused are said to have defalcated government fund of

                   Rs. 8,75,000/-.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Learned counsel for the petitioner

                   submits that the petitioner is ready to pay the alleged defalcated

                   amount on his part.
          Patna High Court CR. MISC. No.16215 of 2026(2) dt.24-04-2026
                                                      2/2




                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                    6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released 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 the learned

                    concerned Court below in connection with Piparasi P.S. Case

                    No. 70 of 2022/ Tr. No. 2873 of 2025, subject to the conditions

                    laid down in Section 438(2) of the Code of Criminal Procedure,

                    1973 / Section 482 of the BNSS.

                                    7. As a condition of this order, the petitioner, will

                    deposit a sum of Rs. 5 lakhs with the government/department

                    concerned in equal monthly installments of Rs. 25,000/- and

                    when the petitioner finally deposits the amount of Rs. 5 lakhs,

                    the interim bail shall be confirmed by the Court below.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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