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Patna High Court

Sandeep Kumar @ Sandeep Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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