Patna High Court
Jhulan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail, conditioning its confirmation on the petitioners' payment of the full defalcated amount in the stipulated installments.
Summary
The petitioners, Jhulan Yadav and Parmanand Kumar, feared arrest in a case (Makhdumpur PS Case No.517 of 2024) filed under Sections 316(3), 316(5) and 305(c) of the Bihar Narcotic Substances Act, 2023, alleging a defalcation of Rs.22,52,882. They had already deposited Rs.6,50,500 with the informant and offered to pay the remaining amount in twelve equal monthly installments over a year. The Patna High Court, after hearing counsel, allowed their application for provisional anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973, on condition of furnishing bail bonds of Rs.10,000 each with two sureties, proof of the initial deposit and the first installment, and completing the payment schedule. The bail would be confirmed once the full amount is paid, and would be cancelled if the payment schedule is not complied with. The order thus grants anticipatory bail subject to strict financial and procedural conditions.
Issues considered
- What is the appropriate scope of anticipatory bail under Section 438(2) CrPC when the accused proposes to make restitution for alleged defalcation?
- Can the court condition anticipatory bail on the payment of the entire alleged loss in installments?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305(c), 316(3), 316(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- provisional bail
- Section 438 CrPC
- Bihar Narcotic Substances Act
- defalcation
- bail conditions
- restoration of funds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49995 of 2025
Arising Out of PS. Case No.-517 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
======================================================
1. Jhulan Yadav S/O Late Dindayal Yadav @ Deendayal Yadav R/O Village-
Kalanaur Tola Mira Bigha, P.S - Tehta, District - Jehanabad.
2. Parmanand Kumar S/O Yamuna Prasad @ Yamuna Singh R/O Village-
Heridih, P.S- Tehta, Distt.- Jahanabad.
... ... Petitioners
Versus
1. The State of Bihar
2. Satendra Kumar Co-operative Extension Officer, Makhdumpur, Block-
Makhdumpur, Jehanabad
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar, Advocate
For the Opposite Party : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in
connection with Makhdumpur P.S. Case No.517 of 2024
instituted under Sections 316(3), 316(5), 305(c) of the B.N.S.,
2023.
3. The petitioners are alleged to have
defalcated Rs.22,52,882/-.
4. Learned counsel for the petitioners submits
that the petitioners have deposited Rs.6,50,5000/- with the
informant and the balance amount shall be deposited by them
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within one year in twelve equal monthly installment.
5. In view of the above, this application is
allowed.
6. Let the petitioners, above named, in the
event of their arrest or surrender before the Court below within
six weeks from today, be released on provisional anticipatory
bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
each with two sureties of the like amount each to the
satisfaction of the learned concerned Court below in
connection with Makhdumpur P.S. Case No.517 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973.
7. At the time of furnishing bail bonds, the
petitioners shall supply the proof of deposit of Rs.6,50,500/-, as
stated above, as well as the amount towards first installment by
way of a demand draft issued in favour of the informant, before
the court below and only after that the petitioners will be
granted provisional anticipatory bail. The balance amount of
Rs.14,19,923/- shall be paid by the petitioners by way of
demand draft in the name of the informant within the next one
year in twelve equal monthly installment.
8. After the entire amount of Rs. 22,52,882/- is
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paid, the provisional anticipatory bail granted to the
petitioners shall be confirmed by the Court below. If the
petitioners fail to pay the entire amount, as stated above, the
provisional anticipatory bail granted to the petitioners shall be
cancelled by the Court below.
(Sandeep Kumar, J)
pawan/-
U T
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