Patna High Court
Sishir Kumar @ Shishir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted subject to a Rs 10,000 bond, two sureties and the conditions specified by the court.
Summary
The petitioner Sishir Kumar was arrested on 19 January 2026 in connection with a fraud case where Rs 24,27,840 was allegedly withdrawn and Rs 6,98,140 was transferred to his bank account. He applied for bail, asserting a clean criminal record, claiming the allegations are false, and offering to return the transferred amount. The prosecution opposed the bail application. The court, after considering the nature of the offences under the Bharatiya Nyay Sanhita, 2023 and the petitioner’s antecedents, ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions including deposit of a demand draft of Rs 6,98,140, cooperation with the trial, appearance in court and non‑tampering with evidence. The order also provided for cancellation of the bail bond if any condition is breached. Consequently, the petition for bail was allowed.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under Sections 338, 336(3), 340(2), 316(4) and 318(4) of the Bharatiya Nyay Sanhita, 2023.
- Whether the conditions imposed by the court are appropriate given the nature of the offences and the petitioner’s clean antecedent.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 316(4), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- fraud
- Bharatiya Nyay Sanhita
- criminal antecedent
- surety
- demand draft
- court conditions
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26348 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- RUPAULI District- Purnia
======================================================
Sishir Kumar @ Shishir Kumar S/o Late Ravishankar Mandal @ Late Ravi
Shankar Mandal Resident of Bikhanpur Gumti No. 02, P.S.- Ishakchak,
District- Bhagalpur Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Md Fazle Karim, learned counsel for the
petitioner as well as Mr. Abhay Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.01.2026 in connection with Rupauli P.S. Case No. 04/2026,
F.I.R. dated 18.01.2026 for the offences punishable under
Sections 338, 336(3), 340(2), 316(4) and 318(4) of the
Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the petitioner and
the co-accused persons have fraudulently withdraw Rs.
24,27,840/- (Rupees Twenty Four lakhs Twenty Seven
Thousand Eight Hundred Forty) and out of the aforesaid amount
Rs. 6,98,140/- ( Rupees Six Lakh Ninety Eight Thousand One
Patna High Court CR. MISC. No.26348 of 2026(2) dt.20-04-2026
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Hundred Forty) was transferred in the bank account of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Learned counsel for the
petitioner submits that out of Rs. 24,27,840/- (Rupees Twenty
Four lakhs Twenty Seven Thousand Eight Hundred Forty) the
petitioner is ready to return Rs. 6,98,140/- ( Rupees Six Lakh
Ninety Eight Thousand One Hundred Forty) in the bank account
of the Circle Officer, Rupauli, Purnea. He further submits that
the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 19.01.2026.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, let the petitioner, above named,
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 the learned C.J.M., Purnea in connection with
Rupauli P.S. Case No. 04/2026, subject to the following
conditions:-
Patna High Court CR. MISC. No.26348 of 2026(2) dt.20-04-2026
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i. Petitioner is directed to produce a demand draft of
Rs. 6,98,140/- (Rupees Six Lakh Ninety Eight Thousand One
Hundred Forty) in favour of Circle Officer, Rupauli, Purnea and
produce the same at the time of furnishing bail bond and learned
Court below is directed to hand over the same to the Circle
Officer, Rupauli, Purnea or his representative at the time of
furnishing bail bond. If the petitioner fails to deposit the amount
of Rs. 6,98,140/- (Rupees Six Lakh Ninety Eight Thousand One
Hundred Forty) the Court below shall be at liberty to move
before the appropriate forum for cancellation of bail bond of the
petitioner.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.26348 of 2026(2) dt.20-04-2026
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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