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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted provisional bail subject to a bail bond and the condition that the petitioner deposit the alleged defalcated amount in monthly installments.

Summary

Petitioner Rajesh Kumar, a PACS chairman, was implicated in a case (Bathnaha P.S. Case No. 363 of 2024) for alleged defalcation of approximately Rs. 20 lakh, charged under Sections 316(2), 318(1), 303(2), 61(2) and 3(5) of the BNS. He sought provisional bail, asserting innocence and willingness to repay the alleged amount in monthly installments. The Court, after hearing counsel, granted provisional bail on a bond of Rs. 10,000 with two sureties, invoking Section 438(2) of the CrPC and Section 482 of the BNSS. The bail was conditioned on the petitioner depositing Rs. 20 lakh in equal monthly installments of Rs. 1 lakh, with the first installment required for bail bond acceptance and defaults leading to bail cancellation. The Court further directed that full repayment would convert the provisional bail into a confirmed bail.

Issues considered

  • What is the appropriateness of granting provisional bail in a case involving alleged financial defalcation?
  • Can bail be conditioned on the deposit of the alleged defalcated amount in installments?

Legislation cited

Subjects

  • provisional bail
  • defalcation
  • PACS chairman
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • installment payment
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38567 of 2026
                     Arising Out of PS. Case No.-363 Year-2024 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Rajesh Kumar son of Ram Snehi Singh Resident of Village- Harpur Bhalha
                 P.S -Bathnaha Dist -Sitamarhi
                                                                       ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar bihar
           2.     The Co-operative Extension Officer, Bathnaha Dist- Sitamarhi bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar
                 For the Opposite Party/s :        Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2.         The petitioner apprehends his arrest in

                   connection with Bathnaha P.S. Case No. 363 of 2024 registered

                   for the offence under Sections 316(2), 318(1), 303(2), 61(2),

                   3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner, who

                   is a PACS chairman, is alleged to have defalcated approx Rs. 20

                   lakhs.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits, on instruction

                   from the petitioner, that the petitioner is ready to deposit the

                   total alleged defalcated amount in equal monthly installments.

                                   5. Considering the submission of the learned

                   counsel for the petitioner, let the petitioner, above named, in the

                   event of his arrest or surrender before the concerned Court
          Patna High Court CR. MISC. No.38567 of 2026(2) dt.17-06-2026
                                                      2/2




                    below within four weeks from today, be released on

                    provisional 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 concerned Court below in connection

                    with Bathnaha P.S. Case No. 363 of 2024, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.

                                    6. The petitioner is directed to deposit Rs. 20 lakhs

                    in the Court below in equal months installments of Rs. 1 lakh

                    which shall be released by the Court below in favour of the

                    concerned department. It is made clear that the bail bonds of the

                    petitioner shall be accepted on payment of the first installment

                    and thereafter the petitioner will continue to deposit the rest

                    installments before the 20th day of the month. Any default in

                    depositing the installment will result in cancellation of bail

                    bonds of the petitioner. It is also made clear that if the petitioner

                    deposits the entire alleged defalcated amount then the

                    provisional bail granted to the petitioner shall be confirmed by

                    the Court below itself.


                                                             (Sandeep Kumar, J)
Vikas/-

U


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