Patna High Court
Balram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to monetary and procedural conditions.
Summary
Balram Kumar, a branch Dakpal, was charged under IPC sections 420, 408, 409 and 120(B) for allegedly defrauding Rs.10,41,810 from the India Post Payments Bank along with a co‑accused. The prosecution alleged that only Rs.1,24,820 had been returned, while the petitioner claimed to have already repaid Rs.2,08,850 and offered to return the remaining Rs.9,16,990 in installments. The petitioner argued that the FIR was lodged eight months after the alleged offences, that he had no prior criminal record, and that he was being falsely implicated. The State opposed bail, but the court noted the petitioner’s willingness to make restitution, the period already spent in custody, and the lack of antecedents. Consequently, the court granted bail on a cash bond of Rs.15,000 with two sureties, subject to conditions of restitution in ten monthly installments, family surety, regular court appearances, and provisions for cancellation on default.
Issues considered
- Whether bail should be granted to an accused charged with offences under IPC sections 420, 408, 409 and 120(B) in view of the amount defrauded, delay in filing the FIR, and the accused’s willingness to return the misappropriated funds.
Legislation cited
- Indian Penal Code — s. 120(B), 408, 409, 420
Subjects
- bail
- defalcation
- Indian Penal Code
- section 420
- section 408
- section 409
- section 120B
- delay in FIR
- restitution
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52028 of 2025
Arising Out of PS. Case No.-244 Year-2021 Thana- BANKA District- Banka
======================================================
Balram Kumar S/o Ramtahal Ishwar R/o- Mohadinagar, P.O.- Abhuday
Ashram, P.S.- Amarpur, Dist- Banka, Bihar, 813101
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Karn, Advocate
Mr. Parijat Karan, Advocate
Mr. Masoom Raza, Advocate
Mr. Aman Kumar, Advocate
Mr. Aman Kumar Singh, Advocate
Mr. Vikram Saxena, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
8 13-02-2026 Heard Mr. Jay Karn, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Banka
P.S. Case No. 244 of 2021, instituted for the offences punishable
under Sections 420, 408, 409 and 120(B) of the Indian Penal
Code.
3. The prosecution case, in short, is that the petitioner
being Branch Dakpal and co-accused Nank Kishor Das being
Assistant Manager of Kojhi Branch of Post Office, Banka have
defalcated a total amount of Rs. 10,41,810/- of the India Post
Payments Bank.
Patna High Court CR. MISC. No.52028 of 2025(8) dt.13-02-2026
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4. Earlier, vide order dated 30.01.2026 learned APP
was directed to verify the submission made by learned counsel
for petitioner that the petitioner has already returned the
misappropriated amount of Rs. 2,08,850/- but, upon verification,
it appears that the petitioner has accepted the misappropriation
of the total amount i.e. Rs. 10,41,810/- and he has returned only
Rs. 1,24,820/- which is evident from the report sent by the
Assistant Postmaster, Banka Subdivision dated 12.02.2026 and
is placed in the file.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the petitioner also submitted that the
alleged occurrence has been committed from 04.02.2020 to
17.08.2020 but the FIR has been lodged on 02.04.2021, as such
there is inordinate delay of about eight months in lodging the
FIR. The petitioner has been implicated in this case only on the
basis of suspicion. Learned counsel for the petitioner submits
that the petitioner is ready to return the remaining defalcated
amount i.e. Rs. Rs. 9,16,990/-. The petitioner is in custody since
09.03.2025 and has got no criminal antecedent.
6. Learned APP for the State has vehemently opposed
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the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case as also the fact that petitioner is ready to return the
remaining defalcated amount and taking into account the period
of custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Banka P.S. Case No.
244 of 2021, subject to the following conditions:
(I) Petitioner shall return the remaining defalcated
amount i.e. Rs. 9,16,990/- in the Kojhi Branch of Post Office,
Banka in ten equal monthly installments i.e. of Rs. 91,699/-
each within one year after his release on bail, the first of which
shall be deposited within one month of his release.
(II) One of the bailors shall be own/close member of
the family of the petitioner.
(III) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner.
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(IV) In case, the petitioner fails to pay two
consecutive installments in the Kojhi Branch of Post Office,
Banka, the prosecution shall have liberty to move for
cancellation of the bail of the petitioner.
9. It goes without saying that the aforesaid amount so
returned by the petitioner shall remain subject to the final
outcome of the trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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