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Patna High Court

DILIP KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the BNSS.

Summary

The petitioner, Dilip Kumar, was named in an FIR for alleged cheating, criminal breach of trust, misappropriation of property and criminal conspiracy (IPC §§ 420, 406, 409, 120B) involving a customer of M/s Swablambi Co-operative Society Ltd. He contended that he was merely the branch manager and secretary of the society, which had been dissolved by the Bihar Co-operative Society Tribunal, leading to a chaotic withdrawal of deposits and the filing of the FIR without specifying the amount involved. The petitioner further argued that the society’s accounts were frozen due to pending civil litigation (C.W.J.C. No. 5300 of 2014), rendering him unable to verify the informant’s claim or make payment. The opposing counsel highlighted the petitioner’s involvement in similar cases and his role as secretary, asserting active participation. Considering the frozen accounts and pending litigation, the court granted bail on the condition of a Rs.10,000 bond with two sureties, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite serious IPC charges of cheating, criminal breach of trust, misappropriation of property and criminal conspiracy.
  • Whether the freezing of the cooperative society’s accounts and pending civil litigation affect the petitioner’s ability to verify the informant’s claim and justify bail.
  • Whether the petitioner’s position as branch manager and secretary of the dissolved society makes him liable for active participation in the alleged offences.

Legislation cited

Subjects

  • bail
  • cheating
  • criminal breach of trust
  • misappropriation of property
  • criminal conspiracy
  • co-operative society
  • frozen accounts
  • pending litigation
  • branch manager
  • section 420 IPC
  • section 406 IPC
  • section 409 IPC
  • section 120B IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56759 of 2024
                    Arising Out of PS. Case No.-112 Year-2013 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Dilip Kumar S/O Late Shukhdeo Prasad R/O Mohalla- Sakari Gali, P.S-
                 Alamganj, Distt.- Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    Rama Shankar Prasad S/O Surendra Bhagat R/O Village- Kotwa, P.S-
                 Kotwa, Distt.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar Singh
                 For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

6   02-02-2026                    Heard the parties.

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Motihari Town

                   P.S. Case No. 112 of 2013 registered for the offences

                   punishable under Sections 420, 406, 409, 120(B) of IPC.

                                3. The allegation against petitioner is to cheat

                   informant being one of the customer of M/s Swablambi

                   Co-operative Society Ltd.

                                4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that petitioner implicated in
Patna High Court CR. MISC. No.56759 of 2024(6) dt.02-02-2026
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          this case only being Branch manager cum secretary of the

          society. During course of argument, learned counsel for

          the petitioner drawn attention of this Court toward

          Annexure-P/3 which is an office order of Bihar Co-

          operative        Society       Tribunal,       Patna   as    passed    in

          Miscellaneous Case No. 01 of 2013, where the aforesaid

          mentioned         society       was      dissolved     and   notification

          regarding aforesaid order was published in daily

          newspaper, whereafter all the customers arrived at a

          particular point of time before the Branch mentioned in

          FIR, for withdrawal of their money. It is submitted that

          out of said chaos and frustration, the present FIR was

          lodged without even mentioning the amount which was

          raised to be deposited with co-operative society. It is

          submitted that the aforesaid order of Co-Operative

          Society Tribunal was challenged before Hon’ble Court

          through C.W.J.C. No. 5300 of 2014 where the Hon’ble

          Court after giving hearing to the petitioner, issued notice

          and still this matter is pending for adjudication before this
Patna High Court CR. MISC. No.56759 of 2024(6) dt.02-02-2026
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          Court. It is submitted that due to pending litigations the

          account of informant and others depositors were freezed

          under the Court order,and therefore this petitioner is not

          in a position to pay informant or to verify the genuineness

          of his claim in terms of allegation as raised through

          present FIR.

                       5.    Explaining        criminal        antecedents,   it   is

          submitted that petitioner found involved in four more

          criminal cases of similar nature arising out of same issues

          but of different branches, where he is on bail in three

          cases.

                       6. Learned APP while opposing the prayer of bail

          submitted that petitioner actively participated in the

          occurrence and his responsibility cannot be undermined

          being Secretary of the society.

                       7. In view of aforesaid factual submission and by

          taking note of nature of accusations where the petitioner

          prima-facie not appears able to verify the genuineness of

          the allegation in terms of informant claims as all accounts
              Patna High Court CR. MISC. No.56759 of 2024(6) dt.02-02-2026
                                                          4/4




                        was freezed under court order, accordingly petitioner

                        above-named, in the event of his arrest or surrender

                        before the court below within a period of four weeks, is

                        directed to be released on bail, furnishing bail bond of Rs.

                        10,000/- (Rupees Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned ACJM,

                        Motihari /concerned Court, where the case is pending in

                        connection with Motihari Town P.S. Case No. 112 of

                        2013, subject to the conditions as laid down under

                        Section 482(2) of BNSS.



                                                             (Chandra Shekhar Jha, J)
Sudha/-

U         T


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