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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted provisional anticipatory bail for six months to the petitioners, subject to a bail bond and stipulated monetary deposits.

Summary

The petitioners, Brajesh Kumar and Priyanshu Kumar, sought anticipatory bail in a criminal case alleging fraud and misappropriation of Rs. 8 lakh under IPC Sections 406, 420 and 409. They claimed innocence, stating they acted on orders of the bank manager and had already repaid half the alleged amount, offering to pay the balance in installments. The State and the bank opposed the bail, arguing the seriousness of the offences. The Court, considering the petitioners' clean antecedents and their willingness to deposit the disputed sum, granted provisional bail for six months under Section 438(2) of the CrPC, subject to a bail bond and specific payment conditions. The order was made without adjudicating the merits of the case, solely to address the bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438(2) of the CrPC in a case involving alleged fraud under IPC Sections 406, 420 and 409.
  • Whether the petitioners' clean antecedents and willingness to deposit the alleged misappropriated amount justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • fraud
  • IPC 406
  • IPC 420
  • IPC 409
  • CrPC 438
  • clean antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46009 of 2025
                  Arising Out of PS. Case No.-281 Year-2024 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
           1.     Brajesh Kumar S/o Bindeshwari Mehta Resident of Village-Kolasan Bazar,
                  P.S-chausa, Dist-Madhepura
           2.    Priyanshu Kumar @ Priyanshi Priyadarshi S/o Harilal Mehta R/o vill -
                 Sahuria, P.s.- Janki Nagar, Distt.- Purnea

                                                                                  ... ... Petitioner/s
                                                         Versus

           1.    The State of Bihar
           2.    Sandeep Kumar Bosak, Area Manager, Bandhan Bank Amarpur Branch,
                 Saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners         :       Mr. Ashutosh Kumar, Advocate
                 For the State               :       Mr. Ram Priya Sharan Singh, APP
                 For the Bank                :       Mr. Brajesh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   23-04-2026                    Heard learned counsel for the petitioners, learned

                   A.P.P.      for     the       State   and      learned   counsel      for     the

                   informant/Opposite Party No. 2/Bank.

                                2. The petitioners apprehend their arrest in a

                   complaint case registered for the offence punishable under

                   Sections 406, 420 and 409 of the Indian Penal Code.

                                3. As per prosecution case, there is specific allegation

                   against these petitioners that they, along with other F.I.R. named

                   accused persons, misappropriated money by committing fraud

                   with the customers of Bandhan Bank.
Patna High Court CR. MISC. No.46009 of 2025(3) dt.23-04-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that the petitioners are innocent and

          have committed no offence. Petitioners are victim of

          circumstances and have been dragged in this case merely

          because they have obeyed the orders of the Branch Manger. It is

          further submitted that out of the amount of Rs. 8,00,000/- which

          was allegedly misappropriated by these petitioners, petitioners

          have already deposited Rs. 4,00,000/- in the Bank and at this

          stage, without admitting their guilt, petitioners are ready to

          deposit rest of the amount allegedly misappropriated by them,

          amounting to Rs. 4,00,000/- (Rupees four lacs) in the Bank, in

          easy monthly installments. Petitioners claim clean antecedents.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel appearing on behalf of the Bank have

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioners.

                       6. Considering the facts and circumstances of the

          case, aforesaid undertaking of the petitioners and clean

          antecedents, provisional bail for a period of six months is

          granted to the petitioners from the date of furnishing bail bond.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.46009 of 2025(3) dt.23-04-2026
                                             3/4




          petitioners be enlarged on provisional bail for a period of six

          months on furnishing bail-bond of Rs. 10,000/- (ten thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned C.J.M., Saharsa in connection with Saharsa Sadar

          P.S. Case No. 281 of 2024, subject to condition as laid down

          under Section 438(2) of the Code of Criminal Procedure, along

          with the following terms and conditions:

                           A.       Petitioners shall deposit a sum of Rs.
                                1,00,000/- (One lakh rupees) each through
                                demand draft in Bandhan Bank and produce a
                                receipt of the same at the time of furnishing
                                bail bond.
                           B.       Rest amount i.e. Rs. 2,00,000/- (Rupees
                                two lakhs) shall be deposited by the
                                petitioners through demand draft in Bandhan
                                Bank in two equal installments within a
                                period of six months from the date of
                                furnishing bail-bond.
                           C.       The aforesaid payment shall be subject to
                                the final outcome of the case.
                           D.       If petitioners fail to comply the aforesaid
                                direction of this Court, the Court below is
                                free to cancel the bail-bond of the petitioners.
                           E. The learned trial court shall confirm the
                                provisional bail of the petitioners after being
                                satisfied that the petitioners have paid the
                                entire amount, as mentioned here-in-above.”
             Patna High Court CR. MISC. No.46009 of 2025(3) dt.23-04-2026
                                                         4/4




                                      8. It is made clear that without going into the merit

                       of the case, the aforesaid order has been passed only for the

                       purpose of grant of bail.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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