Patna High Court
Kamleshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Bail is granted subject to payment of the full outstanding amount and compliance with the conditions imposed under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Kamleshwar Singh, was implicated in a FIR (Pirbahore PS Case No. 229 of 2021) for alleged offences under Sections 406, 420, 467, 468 and 447 of the IPC relating to alleged fraud and siphoning of loan funds. He admits having taken a loan of Rs.7,03,487, of which he repaid Rs.84,000 and seeks bail, proposing to pay the balance in installments. The State opposed the bail, arguing that the FIR remains pending, but did not object to a payment‑based condition. The High Court, noting the petitioner's lack of criminal antecedents and his willingness to repay, granted bail conditioned on the full repayment of the outstanding amount and compliance with several procedural conditions under Section 438(2) of the Cr.P.C. The order also required a bail bond of Rs.10,000 with two sureties and stipulated conditions regarding appearance, non‑tampering with evidence, and abstention from further offences.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 406, 420, 467, 468 and 447 IPC.
- Whether bail can be conditioned upon the petitioner’s repayment of the alleged loan amount.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 406, 420, 447, 467, 468
Subjects
- bail
- IPC
- fraud
- loan default
- Section 438
- criminal procedure
- payment condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4922 of 2026
Arising Out of PS. Case No.-229 Year-2021 Thana- PIRBAHOR District- Patna
======================================================
Kamleshwar Singh S/o Bisheshwar Singh, C/o Arvind Upadhyay Resident of
- South Chandmari Road, Budh Nagar, Road No. 3, P.S - Kankarbagh, District
- Patna, Pin - 800020
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tanveer Ahmad S/o Jakiuddin R/o Mohalla - Sajjad Nagar, P.S - Phulwari
Sharif, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jibendra Mishra, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 08-07-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Pirbahore P.S. Case No. 229 of 2021 instituted under
Section 406, 420, 467, 468, and 447 of the Indian Penal Code
lodged on 15.06.2021 by the informant, Tanveer Ahmed.
3. As per the prosecution story, the office bearer of the
Bihar Awami Cooperative Bank Limited, Patna lodged
complaint against petitioner and 141 other donee alleging
commission of offences/siphoning of the amount. This led to
the FIR.
4. Learned counsel for the petitioner submits that he
accepts to have taken the loan but due to economic condition,
Patna High Court CR. MISC. No.4922 of 2026(4) dt.08-07-2026
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could not return in time which has resulted into his implication.
The amount against him is Rs.7,03,487/- of which he cleared
Rs.84,000/- in the year 2013 (Annexure -P/2 to the writ petition)
and the rest amount of Rs.6,19,487/- may be allowed to be paid
in three installment inasmuch as:
(i) Rs.2,19,087/- at the time of execution
of bail bonds;
(ii) Rs.2,00,000/- by 10th of September,
2026;
(iii) Rs.2,00,000/- by 10th of December,
2026;
(iv) Failure to pay the entire Rs.6,19,487/-,
the opposite party shall be free to take steps
for cancellation of bail bonds.
5. In this case, the informant earlier appeared and
matter also went to the Mediation Center, failed. Today on call,
there is no representation.
6. Learned APP though opposes the prayer submitting
that when the payment is being made, FIR is already there, an
appropriate order can be passed.
7. Considering the submissions of the parties as also
the fair stand taken by the petitioner that he wants to return the
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amount, have no criminal antecedent, in that background, this
Court is inclined to extend the privilege of bail subject to
payment of the entire amount as recorded above. It is further
made clear that accepting the words of the petitioner that he has
paid Rs.84,000/- of Rs.7,03,487/- the deduction has been
recorded and if the case is otherwise, the O.P.2 will have the
right to issue notice/realise the aforesaid amount.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Pirbahore P.S. Case No.
229 of 2021 to the satisfaction of learned Chief Judicial
Magistrate, Patna subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
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(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-Ankita
U T
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