Patna High Court
Dheeraj Kumar @ Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner may seek anticipatory bail from the lower court, subject to verification of the full deposit of the alleged defalcated amount.
Summary
The petitioner, Dheeraj Kumar, sought relief fearing arrest in a case (PS Ahiyapur Case No. 1203 of 2024) involving alleged offences under the Bharatiya Nyaya Sanhita, 2023. He claimed innocence and that he had already deposited the entire defalcated amount alleged against him. The State opposed the bail application. The High Court, after hearing counsel, did not grant immediate bail but directed that the petitioner may approach the lower court for anticipatory bail, contingent upon verification that the full amount has indeed been deposited with the informant company. The lower court is to issue notice to Niraj Kumar, the informant‑accused, and ascertain the truth of the deposit. If the deposit is confirmed, the petitioner will be released on bail; otherwise appropriate orders will follow.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending criminal proceedings.
- Whether the deposit of the alleged defalcated amount influences the grant of bail.
- Whether the involvement of the informant as an accused affects the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- anticipatory bail
- bail
- defalcation
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52538 of 2025
Arising Out of PS. Case No.-1203 Year-2024 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Dheeraj Kumar @ Dhiraj Kumar S/o Sahdev Das R/o Gonar Lal, Lane,
Jogsar, P.S.- Jagdishpur, Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niraj Kumar S/o Ramesh Prasad Singh R/o vill - Muradpur, ward no. 1, P.S.-
Bangra, Distt.- Samastipur, Permanent R/o vill - Ahiyapur, P.S. and Distt.-
Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-03-2026 Seen the office notes.
2. Heard the learned counsel for the petitioner and
learned counsel for the State.
3. The petitioner apprehends arrest in connection with
Ahiyapur P.S. Case No. 1203 of 2024 registered for offences
under Sections 318(4), 316(5), 338, 336(3), 340(2), 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
4. The notice was issued to the informant and the
informant himself is an accused in this case.
5. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner has deposited the entire
Patna High Court CR. MISC. No.52538 of 2025(4) dt.09-03-2026
2/2
defalcated amount which has been alleged to have been
defalcated by him.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the submissions made by the learned
counsel for the petitioner, this application is disposed of with
liberty to the petitioner to approach the Court below for the
grant of anticipatory bail. The Court below will issue a notice to
Niraj Kumar, posted as Cluster Manager in Spandana Asfurti
Financial Limited Company, Kanti-02, Ahiyapur Branch,
Muzaffarpur, and will verify the statement made on behalf of the
petitioner. If it is found that the entire defalcated amount has
been deposited by the petitioner with the informant company, he
shall be released on bail. However, if it is found that the
petitioner has not deposited the entire amount, appropriate
orders shall be passed.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…