Patna High Court
Sandeep Kumar @ Sandeep Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioners have no role in the alleged offences and are entitled to bail subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Sandeep Kumar and Parmanand Singh, sought relief fearing arrest in Rohtas Complaint Case No. 323 of 2016, which alleged offences under IPC sections 406, 420, 120(B) and Section 138 of the Negotiable Instruments Act. The prosecution alleged that their son, Pradeep Kumar, had cheated investors and that the petitioners were being implicated solely because of their familial relationship. The petitioners contended they had no role in the alleged offences and were falsely implicated. The Court, after hearing counsel, found no evidence of the petitioners' participation and allowed the bail application. It ordered that, if arrested or surrendered within four weeks, they be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the petitioners, merely by virtue of their relationship to the alleged offender, can be granted bail in the pending criminal case
- Whether there is sufficient basis to implicate the petitioners in the offences under Sections 406, 420, 120(B) IPC and Section 138 NI Act
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- false implication
- Criminal Procedure Code
- IPC sections 406, 420, 120(B)
- Negotiable Instruments Act Section 138
- family relationship
- Rohtas complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43512 of 2025
Arising Out of PS. Case No.-323 Year-2016 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
1. Sandeep Kumar @ Sandeep Kumar Singh S/o- Parmanand Singh @ Dr.
Parmanand Singh @ Parmanand Village - Kochas, PS- Kochas, District-
Rohtas, State- Bihar
2. Parmanand Singh @ Dr. Parmanand Singh @ Parmanand S/o- Late
Bholanath Singh Village - Kochas, PS- Kochas, District- Rohtas, State-
Bihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vakil Kumar Singh S/o- Visheshwar Singh Village- Bhadasara Po- Badawi
Akodhi Ps- Karagahar Dist- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Priya Sharan Singh
Mr.Saroj Kumar
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 26-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Rohtas Complaint Case No. 323 of 2016
registered for the offence under Sections 406, 420, 120(B) of the
Indian Penal Code and under Section 138 of the N.I. Act.
3. As per the prosecution case, the son of the
petitioner no. 02 namely Pradeep Kumar, has been cheating
persons and the petitioners being the brother and father of
Pradeep Kumar are being implicated in different cases by the
Patna High Court CR. MISC. No.43512 of 2025(6) dt.26-02-2026
2/2
investors to get back their money.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case only because of the fact that
they are related to Pradeep Kumar.
5. Considering the fact that the petitioners has no
role to play in the alleged offence, this application is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 Chief
Judicial Magistrate, 1st Class, Sasaram, Rohtas/concerned Court
below in connection with Rohtas Complaint Case No. 323 of
2016, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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