Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable Securities Act — s. 482
- Criminal Procedure Code — s. 438(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.