Patna High Court
Dharmendra Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioner under Section 438(2) of the CrPC, subject to stringent conditions to ensure payment of the debt and compliance with the trial process.
Summary
The Patna High Court entertained the bail application of Dharmendra Kumar Tiwari, who was implicated in a case under Sections 406 and 420 IPC for allegedly borrowing Rs 3,00,000 and refusing to repay it. The petitioner contended that he had already returned Rs 42,000 via PhonePe and was willing to settle the balance within six months, claiming the FIR was fabricated. The prosecution opposed bail, highlighting five prior criminal cases, though the petitioner was on bail in four of them. The court, applying Section 438(2) of the CrPC, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions including a Rs 50,000 demand draft to the informant, payment of the remaining amount in five monthly installments, cooperation with the trial, and strict compliance with attendance and non‑tampering provisions. The order also directed that any concealment of antecedents or breach of conditions could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to an accused of offences under Sections 406 and 420 IPC in view of the nature of the offences and the petitioner’s criminal antecedents
- Whether the conditions imposed under Section 438(2) CrPC are sufficient to safeguard the interests of the informant and the trial
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 406, 420
Subjects
- bail
- Section 438 CrPC
- IPC 406
- IPC 420
- criminal antecedents
- demand draft
- installment payment
- Patna High Court
- Aurangabad
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4043 of 2026
Arising Out of PS. Case No.-513 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Dharmendra Kumar Tiwari S/O Arun Tiwari Resident Of New Area
Aurangabad Near Prijabart Chowk, PS- Town, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Krishna Pd. Singh, learned senior counsel
for the petitioner and Mr. Lalan Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Aurangabad Town P.S. Case No. 513 of 2025,
F.I.R. dated 23.08.2025 for the offences punishable under
Sections 406 and 420 of the IPC.
3. According to prosecution case, this petitioner has
borrowed total Rs. 3,00,000/- from the informant but refused to
return the same to the informant when he demanded.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R if false and
Patna High Court CR. MISC. No.4043 of 2026(2) dt.06-02-2026
2/4
fabricated and the petitioner has not committed any offence as
alleged in the F.I.R. He further submits that the petitioner has
returned Rs. 42,000/- to the informant through PhonePe App. He
further submits on instruction that the petitioner is ready to pay
the dues amount to the informant within a period of six months.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries five criminal antecedents other
than the present one but fairly submit that out of 5 cases he is on
bail in 4 cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on 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
CJM, Aurangabad in connection with Aurangabad Town P.S.
Case No. 513 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure and
with other following conditions:-
i. Petitioner shall produce a demand draft of Rs.
50,000/- (Rs. Fifty Thousand) at the time of furnishing bail bond
Patna High Court CR. MISC. No.4043 of 2026(2) dt.06-02-2026
3/4
in favour of the informant and the learned court below is
directed to hand over the said demand draft to the informant or
his representative and rest amount i.e., Rs. 2,08,000/- (Rs. Two
lakh and eight thousand) will be paid in five equal monthly
installments. If the petitioner fails to pay the aforesaid amount
to the informant, the informant has liberty to move before the
appropriate forum for cancellation of the bail bond of the
petitioner.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. MISC. No.4043 of 2026(2) dt.06-02-2026
4/4
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…