Patna High Court
Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted in the present money‑transaction case, subject to strict conditions, despite the pending charges under the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Deepak Kumar Singh, sought anticipatory bail fearing arrest in a case (Siwan‑Town PS No.85 of 2025) registered under sections 303(2) and 334(1) of the Bharatiya Nyaya Sanhita, 2023 for allegedly misappropriating Rs 80,974 as a money‑collector for L&T Finance. He contended that half the amount had already been deposited and offered to pay the full sum via a demand draft. The State opposed the bail but acknowledged the money‑transaction allegation and was prepared to accept payment. The Court, considering the petitioner’s willingness to settle the amount and the nature of the offence, granted anticipatory bail subject to a cash bond of Rs 10,000 with two sureties and several conditions under Cr.P.C. 438(2). The order also directed the petitioner to appear before the trial court and prohibited tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail can be granted in a money‑transaction offence under sections 303(2) and 334(1) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s readiness to pay the alleged amount influences the grant of anticipatory bail.
- What conditions may be imposed under Cr.P.C. 438(2) when granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- money transaction offence
- Bharatiya Nyaya Sanhita
- Cr.P.C. 438
- financial fraud
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34621 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- SIWAN CITY District- Siwan
======================================================
Deepak Kumar Singh Son of Rajesh Singh Resident of Village- Ben Chapra,
P.O. and P.S.- Mashrak, District- Saran at Chapra- 841417
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Adv.
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard Mr. Jeetendra Narayan, learned Counsel for
the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Siwan - Town P. S. Case No. 85 of 2025 dated 10.02.2025
for the offence registered under sections 303(2), 334(1) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution story, the informant alleged
that he was Money Collector in the L & T Finance and usurped
Rs. 80, 974/- which was never deposited. This led to the FIR.
4. Learned Counsel for the petitioner submits that
though the receipt shows that half of the money was deposited,
he is ready to pay the entire amount of Rs. 80,974/- through
Demand Draft issued by the local branch of the State Bank of
India/any Nationalized Bank to be submitted in the name of L&
Patna High Court CR. MISC. No.34621 of 2026(2) dt.19-05-2026
2/3
T Finance and further will be sitting down to show that half of
the amount was earlier paid so that he can get the money back.
5. Learned APP for the State, on the other hand,
though opposes the prayer for anticipatory bail, concede that the
money transaction case is there and he is ready to pay the
amount.
6. Taking into account the aforesaid facts, though
allegation is there, petitioner is ready to pay Rs. 80,974/-
through Demand Draft issued by the local branch of the State
Bank of India/any Nationalized Bank in the name of L& T
Finance, in that background, this Court is inclined to grant him
the anticipatory bail with conditions.
7. The petitioner thereafter will be sitting with the
informant company and shall be claiming the amount which
according to him has earlier been paid.
8. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Siwan in connection with Siwan - Town P. S. Case
No. 85 of 2025 subject to condition as laid down under Section
Patna High Court CR. MISC. No.34621 of 2026(2) dt.19-05-2026
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438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay
Singh/Aayan
U T
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