Patna High Court
Pawan Kumar SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
A second anticipatory bail is maintainable where the petitioner is ready to pay the outstanding amount and no substantial ground exists to deny bail.
Summary
The petitioner, Pawan Kumar Suman, was facing arrest in a criminal case (Madhepura PS Case No. 482 of 2020) for alleged offences under Sections 419, 420 and 409 of the Indian Penal Code relating to non‑deposit of Rs. 21,96,357. He had already paid Rs. 7,77,937 and was ready to furnish a demand draft for the balance of Rs. 14,18,425. The petitioner applied for anticipatory bail for the second time, while the State, EPFO and NBPDCL opposed the relief. The Court considered the petitioner’s willingness to pay the full amount and found no substantive reason to deny bail. Accordingly, the Court allowed the second anticipatory bail, directing the petitioner to deposit the balance within two weeks, furnish bail bonds of Rs. 10,000 with two sureties, and comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The bail will be cancelled automatically if the petitioner defaults on future PF deposits.
Issues considered
- Whether anticipatory bail can be granted for a second time in the same criminal proceeding
- Whether the petitioner’s readiness to pay the outstanding amount justifies the grant of anticipatory bail
- Whether conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS may be imposed
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 409, 419, 420
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Indian Penal Code
- non‑deposit of funds
- bail conditions
- second bail application
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46922 of 2025
Arising Out of PS. Case No.-482 Year-2020 Thana- MADHEPURA District- Madhepura
======================================================
Pawan Kumar Suman S/O Late Chhatradhari Prasad Yadav R/O Village and
PO- Koshali Patti, PS- Pipra, district- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The North Bihar Power Distribution Company Ltd. through its Managing
Director,Vidhyut Bhawan Bailey Rd,Patna.
3. The Accounts Officer, Electricity Supply Division, Madhepura Bihar
4. The Regional Provident Fund Commissioner, Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Shailendra Kumar Singh
For the EPFO : Mr. Satyendra Kumar Jha
For the NBPDCL : Mr. Vivek Prasad, Standing Counsel
Mr.Pratiyush Kumar, Assisting Counsel
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 17-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Madhepura P.S. Case No. 482 of 2020 registered for the
offence under Sections 419, 420, 409 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of failing to deposit Rs. 21,96,357/-.
4. Learned counsel for the petitioner submits that the
petitioner has already deposited Rs. 7,77,937/- and he is ready
with a demand draft of balance amount i.e. of Rs. 14,18,425/-.
5. Learned counsel for the EPFO and other counsels
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have opposed the application of the petitioner and have
submitted that this is the second attempt of the petitioner for
grant of anticipatory bail.
6. I have heard and considered the submission of the
parties.
7. Since the petitioner is ready to pay the balance
amount, and I am of the view that second anticipatory bail of the
petitioner is maintainable in the facts of the case and
accordingly, this application is allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within two
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 Chief Judicial Magistrate,
Madhepura/concerned Court below in connection with
Madhepura P.S. Case No. 482 of 2020, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
9. The petitioner will go to the concerned office and
deposit the amount there as per the procedure within two weeks
from today. After the deposit of the amount in question, the
petitioner is directed to produce the proof of the same at the
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time of furnishing his bail bonds and then only his bail bonds
shall be accepted by the Court below.
10. For the next two weeks, the petitioner shall not be
arrested.
11. It is also directed that if the petitioner is found
involved in any case of not depositing the PF of employees in
future, his bail bonds shall be cancelled automatically.
(Sandeep Kumar, J)
Vikas/-
U
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