Patna High Court
Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Om Prakash Kumar, a former Nazir in a Block office, was arrested on charges of criminal breach of trust (IPC s.409) and cheating (IPC s.420) for allegedly defalcating over Rs.2 crore. He has been in custody since 5 July 2023 and previously applied for regular bail, which was denied on 5 March 2024. In a second bail application, his counsel argued his innocence and highlighted that no witness had been examined since his arrest. The State opposed the bail, but the court considered the prolonged custody, delay in trial, and lack of witness examination. Consequently, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under IPC sections 409 and 420.
- Whether the prolonged custody and delay in trial justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 409, 420
Subjects
- regular bail
- IPC 409
- IPC 420
- defalcation
- criminal breach of trust
- cheating
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35176 of 2025
Arising Out of PS. Case No.-1054 Year-2022 Thana- SASARAM NAGAR District- Rohtas
======================================================
Om Prakash Kumar S/O Late Bishwa Nath R/O Vill.- Kurmuria, P.s.-
Sikarhatt, Dist.- Bhojpur, At Present Pardiya Road, Anand Nagar, Ward no. 5,
P.s.- Bikramganj, Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Deepti Pandey
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 25-02-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Sasaram Nagar P.S. Case No. 1054 of 2022, Tr. No. 781/2024,
registered under Sections 409 and 420 of the Indian Penal Code.
3. This is second attempt of bail. earlier, the prayer for
grant of regular bail to the petitioner was rejected vide order
dated 05.03.2024 passed in Cr. Misc. No. 80675 of 2025.
4. The petitioner was Nazir in the office of the Block.
He is said to have defalcated more than Rs. 2 crores. He is in
custody since 05.07.2023.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He submits that since 05.07.2023 no witness has
Patna High Court CR. MISC. No.35176 of 2025(6) dt.25-02-2026
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been examined which is apparent from the order-sheet produced
by way of supplementary affidavit.
6. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case, period of custody and delay in trial, this application is
allowed.
8. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate-1, Rohtas at
Sasaram /concerned court below in connection with Tr. No. No.
781/2024, arising out of Sasaram Nagar P.S. Case No. 1054 of
2022, G.R. No. 1560 of 2023, subject to the condition that the
petitioner shall cooperate in the trial and shall be represented
through his lawyer or himself.
(Sandeep Kumar, J)
Ranjeet/-
U T
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