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Patna High Court

Balram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.52028 of 2025(8) dt.13-02-2026
                                            3/4




          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.
             Patna High Court CR. MISC. No.52028 of 2025(8) dt.13-02-2026
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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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