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Patna High Court

Dharmendra Kumar TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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