Patna High Court
Deepak Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioner is to be released on bail subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Deepak Prasad Yadav, was implicated in a FIR (Case No. 105 of 2015) for alleged cheating, dishonesty and criminal conspiracy under IPC sections 409, 420, 379 and 120‑B, based on accusations that he withdrew Rs 66,000 using the complainant’s cheques in collusion with bank staff. The petitioner argued that he was not named in the FIR and that the principal co‑accused, Geeta Kumari, had already been granted bail and the matter had been settled between the bank and the parties, with no grievance remaining. The State and the State Bank of India could not refute these factual submissions. Considering the settlement, the prior bail to the co‑accused, and the lack of any pending dispute, the Court directed that the petitioner be released on bail if arrested within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) of the BNSS. The order effectively disposed of the bail petition.
Issues considered
- Whether the petitioner, who is not named in the FIR, is entitled to bail.
- Whether the settlement between the bank and the parties precludes further detention of the petitioner.
- Whether the conditions of Section 438(2) CrPC and Section 482(2) BNSS are satisfied for granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 409
- Section 420
- Section 379
- Section 120-B
- bank fraud
- settlement
- co‑accused
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34534 of 2024
Arising Out of PS. Case No.-105 Year-2015 Thana- MADHAURAH District- Saran
======================================================
Deepak Prasad Yadav Son of Dev Nandan Ray Vill -Tejpurva Ps- Marhowrah
Distt- Saran At Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. State Bank Of India through Branch Manager, Marhorrah, Saran at Chapra
3. Cashier, State Bank Of India, Marhorrah, Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Adv
For the Opposite Party/s : Ms. Anita Kumari, APP
For O.P. No. 2 & 3 : Mr. Apurv Harsh, Adv
: Ms. Jaya Singh, Adv
: Mr. Raghu Raj Pratap, Adv
: Mr. Gaurav Sharma, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 06-01-2026 Heard the parties.
2.The accused/petitioner is not named in the F.I.R. and
apprehending his arrest in connection with Marhowrah P.S. Case
No. 105 of 2015 registered for the offences punishable under
Sections 409, 420, 379 and 120-B of the Indian Penal Code.
3. The prosecution case, as lodged by the informant is
that he appointed the petitioner in his office to open accounts and
maintain registers etc. The informant had kept his cheque book in
the office through which total amount of Rs. 66,000/- has been
withdrawn by petitioner through cheque of the informant and
panchayati for the same has been done in which petitioner
Patna High Court CR. MISC. No.34534 of 2024(7) dt.06-01-2026
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accepted the she withdrew Rs. 10,000/- from the account of the
informant and Rs. 56,000/- has been withdrawn by Pramod Kumar
and Deepak Kumar. It is further alleged that 20 cheques has been
stolen by the petitioner in collusion with bank staff.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that main thrust of allegation is available
against co-accused Geeta Kumari who was already granted bail by
learned Co-ordinate Bench of this Court through Cr. Misc. No.
6295 of 2016 dated 26.02.2016, in view of the fact that the
matter traveled up to the National Human Rights Commission, in
pursuance to which the petitioner and the Bank officials have given
a report and unanimously agreed that they do not have any
grievance with each other. It is pointed out that petitioner was
staff of then co-accused Geeta Kumari.
5 Learned APP duly assisted by learned counsel for the
O.P. No. 2 & 3 could not disputed aforesaid factual submission.
6. In view of aforesaid factual submission and by taking
note of fact as matter appears settled between banks and the
parties, coupled with the fact as main co-accused Geeta Kumari
has already granted bail by learned Co-ordinate Bench of this
Court, accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period of four
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weeks, is directed to be released on bail, furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM, Saran at
Chapra/concerned Court, where the case is pending in connection
with Marhowrah P.S. Case No. 105 of 2015, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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