Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 406, 409, 420
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.
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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
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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.”
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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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