Patna High Court

Karmsingh DevversusThe State of Bihar

Decided: 16 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on condition of cooperation in the trial and furnishing a bail bond with sureties.

Summary

The petitioner, Karmsingh Dev, was arrested in connection with a case registered under Sections 309(4) and 3(5) of the Bihar Negotiable Instruments Act, later amended to include Sections 217, 248, 318(4), 316(2) and 316(5). The prosecution alleges that the petitioner withdrew Rs.4,24,000 from a bank and that the cash was stolen by unknown persons, while the petitioner’s counsel contends that the incident was fabricated by the petitioner to claim insurance money and that he is a student with no prior criminal record, having been in judicial custody since 22‑01‑2026. The State opposed the bail application. After hearing both sides, the Court considered the facts, the alleged plan to cheat the insurance company, and the petitioner’s lack of antecedents, and decided to grant bail on the condition of cooperation in the trial, requiring a bail bond of Rs.10,000 with two sureties. The order directs the petitioner to be released on bail subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Negotiable Instruments Act.
Whether the alleged plan to cheat the insurance company and the petitioner’s lack of criminal antecedents justify bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 217, 248, 309(4), 316(2), 316(5), 318(4), 3(5)

Subjects

bail
cheque bounce
insurance fraud
criminal procedure
Bihar Negotiable Instruments Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.24783 of 2026
                       Arising Out of PS. Case No.-4 Year-2026 Thana- BHEJA District- Madhubani
                 ======================================================
                 Karmsingh Dev S/o Bulan Lal Deo R/o vill - Bakua, P.O. - Bhargama, P.S.-
                 Bheja, Dist.- Madhubani                                 ... ... Petitioner/s
                                                Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhirendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                            ORAL ORDER

2   16-04-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner has prayed for bail in connection

                   with Bheja P.S. Case No.04 of 2026 registered for the offence

                   punishable under Sections 309(4) and 3(5) of the BNS and

                   subsequently converted and charge-sheet has been submitted

                   under Section s 217, 248, 318(4), 316(2) and 316(5) of the BNS.

                               3. The case of the prosecution, in short, is that the

                   petitioner himself has filed the FIR to the effect that on

                   06.01.2026, he withdrew Rs.4,24,000/- from Punjan National

                   Bank, Madhepur. It is further stated that the petitioner runs a

                   CSP center and unknown miscreants have snatched the bag

                   containing cash from him.

                               4. Learned counsel appearing on behalf of the

                   petitioner has submitted that during course of investigation it
            Patna High Court CR. MISC. No.24783 of 2026(2) dt.16-04-2026
                                                        2/2




                      has come that no such occurrence has taken place, rather the

                      petitioner himself has hatched the plan so that he may get the

                      cash from insurance. Learned counsel for the petitioner has

                      further submitted that this case has been filed by the petitioner

                      with a view to cheat the insurance company. Learned counsel

                      for the petitioner has further submitted that the petitioner is a

                      student having no criminal antecedent and he is in judicial

                      custody since 22.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall co-operate in the trial. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      ACJM, Jhanjharpur, Madhubani in connection with Bheja P.S.

                      Case No.04 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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