Patna High Court
DILIP KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Indian Penal Code — s. 120B, 406, 409, 420
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
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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
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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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