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Patna High Court

Dilip Kumar Diwakar @ Dilip Kr. DiwakarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Dilip Kumar Diwakar, director of Active Group of Company, was alleged to have taken Rs. 30 lakh from investors with a promise to double the amount, but the company office was later found closed and no returns were made. The prosecution alleged that he misappropriated the funds and faces charges under Sections 406, 420, 120B, 467, 468 and 471 of the Indian Penal Code, with several similar cases pending. The petitioner sought anticipatory bail fearing arrest. The court examined the seriousness of the alleged fraud, the amount involved, and the petitioner’s criminal antecedents. Considering the gravity of the offences and the risk of tampering with evidence, the court refused the anticipatory bail application. The petition was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under IPC sections 406, 420, 120B, 467, 468 and 471.
  • Whether the petitioner’s criminal antecedents and the magnitude of the alleged fraud justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • misappropriation
  • Indian Penal Code
  • criminal antecedents
  • company fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39312 of 2025
                  Arising Out of PS. Case No.-332 Year-2022 Thana- COMPLAINT CASE - BARH District-
                                                          Patna
                 ======================================================
                 Dilip Kumar Diwakar @ Dilip Kr. Diwakar S/O Late Anuplal Anup @ Anup
                 Lal Director of Active Group of Company, R/O Buddha Nagar, P.s.- Pranpur,
                 Dist.- Katihar.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sanjay Kumar S/O Brahmdev Mahto R/O Dargahi Tola, P.o.- Lemuabad,
                 P.s.- Pandarak, Dist.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Md. Helal Ahmad, Advocate
                 For the State           :       Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
                 For the O.P. No. 2      :       Mr. Anil Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   08-01-2026                   Heard learned counsel for the petitioner, informant

                   and the State.

                                 2. Petitioner apprehends arrest in case registered for

                   the offences punishable under Sections 406, 420, 120B, 467,

                   468, 471 of the Indian Penal Code.

                                 3. Prosecution case, in brief, is that this petitioner

                   along with other accused persons was running a registered

                   company in the name of ‘Active Group of Company’ and on the

                   assurance of petitioner, complainant deposited Rs. 30 lacs of the

                   investors in its office at Mokama, with a promise to return

                   double amount. When the time came for returning the double
              Patna High Court CR. MISC. No.39312 of 2025(6) dt.08-01-2026
                                                          2/2




                        amount of the investors, company office at Mokama was found

                        closed and no payments were made to the investors. It is alleged

                        that    this    petitioner,      by     opening      a   fraud   company,

                        misappropriated huge amount of the investors. More than half

                        dozen cases of similar nature are pending against the petitioner.

                                     4. Considering the fact that petitioner misappropriated

                        huge amount of the investors and bears criminal antecedents of

                        similar nature, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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