Patna High Court
Pravin kumar Singh @ Pravin SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail to the petitioner, subject to the condition that the entire defalcated amount be paid in installments within one year.
Summary
The petitioners, Pravin Kumar Singh and Brajesh Kumar Singh, feared arrest in a case involving alleged defalcation of paddy worth Rs 24 lakhs under sections 103(2) and 61(2) of the BNS. They offered to repay the amount and were directed to pay an initial cheque of Rs 87,000, with the balance of Rs 23,13,000 to be paid in equal installments over one year. The court granted them provisional anticipatory bail for a period of one year, subject to a bail bond of Rs 10,000 with two sureties, in accordance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The bail bond would be accepted only upon receipt of the first installment, and the petitioners must complete the full payment within the stipulated period, failing which the lower court may pass appropriate orders. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged defalcation under sections 103(2) and 61(2) of the BNS
- Whether the court may condition anticipatory bail on the repayment of the defalcated amount
- Whether Section 438(2) of the CrPC and Section 482 of the BNSS empower the court to impose such payment conditions
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Section 482
- defalcation
- restitution
- bail conditions
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16235 of 2025
Arising Out of PS. Case No.-255 Year-2024 Thana- GUTHANI District- Siwan
======================================================
1. Pravin kumar Singh @ Pravin Singh Sono f Tejbahadur Singh Resident of
Village - Jataur, P. S - Guthani, District - Siwan
2. Brajesh Kumar Singh Son of Chandrabhan Singh Resident of Village -
Kelhrua, P. S - Guthani, District - Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Birendra Kumar Block Co-operative Development Officer, Guthani, Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramadhar Shekhar, Adv
For the Opposite Party/s : Mr. Jharkhandi Upadhaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Jurawanpur P.S.Case No. 156 of 2024 registered for the
offence under sections 103(2),61(2) of BNS.
3. The petitioner is an accused of defalcating paddy
worth Rs. 24 lakhs. The petitioner is ready to pay the amount to
the informant.
4. The petitioner no. 1 is directed to pay the entire
amount of 24 lakhs in the court below in 12 equal installments.
The Cheque of Rs. 87,000/- is being handed over by the learned
counsel for the petitioner to the learned counsel for the Opposite
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party no.2.
5. Today the learned counsel for the petitioner has
submitted that the balance amount of Rs. 23,13,000/- lakhs shall
be paid to the informant in equal installments within one year
from today. It is made clear that if the informant has received
some paddy earlier, then the same shall be adjusted from the
balance amount.
5. This application is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on provisional
anticipatory bail for a period of one year on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Siwan/concerned Court below in
connection with Guthani P.S. Case No. 255 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS, subject to
the condition that he will pay the entire alleged amount to have
been taken by him from the opposite party no. 02.
7. It is made clear that the bail bonds of the petitioner
no.1 shall only be accepted if he brings the first installment in
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the name of the opposite party no. 02 at the time of furnishing
his bail bonds. Once the petitioner is released on provisional
anticipatory bail, he will pay the entire balance amount of Rs
23,13,000/- within one year in equal monthly installments to the
opposite party no. 02 and thereafter his provisional bail shall be
confirmed by the court below itself. If the petitioner fails to pay
the entire amount to the opposite party no. 02 within one year
then appropriate orders shall be passed by the court below.
(Sandeep Kumar, J)
N.K/-
U
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