Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

The High Court disposed of the bail application and directed the lower court to reconsider it afresh after reviewing the records and informant’s statement.

Summary

The petitioner, Vikash Kumar, applied for regular bail in a case registered under Sections 420, 406 and 409 of the Indian Penal Code, alleging defalcation of Rs. 11,00,000. He has been in custody since 1 August 2025 and claims innocence, asserting that he was falsely implicated and is not named in the FIR. The petitioner’s counsel relied on specific paragraphs of the bail petition and a statement that the work for which the amount was disbursed was completed by him. The High Court, after hearing, did not grant bail but directed the lower court to re‑examine the bail application, considering the records, documents, and the informant’s statement within 15 days. The order was communicated to the Principal District and Sessions Judge for compliance.

Issues considered

Whether the petitioner is entitled to regular bail in a case under Sections 420, 406 and 409 IPC.
Whether the petitioner was falsely implicated and not named in the FIR.
Whether the lower court should re‑consider the bail application after examining additional records and the informant’s statement.

Legislation cited

Indian Penal Code — s. 406, 409, 420

Subjects

regular bail
false implication
IPC 420
IPC 406
IPC 409
criminal procedure
bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2646 of 2026
                   Arising Out of PS. Case No.-571 Year-2022 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Vikash Kumar S/O Raghuwansh Thakur R/o Vill-Dariyapur, P.S-Udwant
                 Nagar, Dist-Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashutosh Kumar
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   25-03-2026                  Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Udwant Nagar P.S. Case No. 571 of 2022 registered for the

                   offence under Sections 420, 406, 409 of the Indian Penal code.

                                3. As per the prosecution case, the petitioner is

                   accused of defalcated Rs. 11,00,000/-.

                                4. The petitioner is in custody since 01.08.2025.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has falsely been implicated in this

                   case. He further relies upon paragraph 12 and page 33 of the

                   bail petition and has submitted that the petitioner is not named

                   in the FIR and he has completed the said work for which the

                   amount was disbursed to him.

                                   6. In view of the above, this application is disposed
          Patna High Court CR. MISC. No.2646 of 2026(4) dt.25-03-2026
                                                      2/2




                    of with a direction to the Court below to consider the bail

                    application of the petitioner afresh after examining the records

                    and documents and taking into account the statement of the

                    informant i.e. the Panchayat Secretary within 15 days from the

                    communication of a copy of this order.

                                    7. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Bhojpur through FAX for

                    its compliance.



                                                                 (Sandeep Kumar, J)
Vikas/-

U

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