Patna High Court
Nandan RishiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied to petitioner No.1 as the principal accused, but is granted to petitioner No.2 as no specific charge is made against her.
Summary
Petitioners Nandan Rishi and his wife Rinki Devi applied for anticipatory bail in a case alleging a Rs.1 crore scam under Sections 316(5), 318(4) and 61(2) of the Bihar Negotiable Instruments Act. The prosecution’s case primarily implicates petitioner No.1 for misappropriation of funds, while no specific charge is made against petitioner No.2. The Patna High Court held that anticipatory bail could not be granted to petitioner No.1 and ordered him to surrender within two weeks and apply for regular bail. Conversely, the Court allowed anticipatory bail to petitioner No.2, a woman, subject to a bail bond of Rs.10,000 with two sureties and conditions under CrPC Section 438(2) and Section 482 of the BNSS. The order was partially allowed, directing compliance by the Superintendent of Police.
Issues considered
- Whether anticipatory bail can be granted to petitioner No.1 who is the main accused in the alleged scam.
- Whether anticipatory bail can be granted to petitioner No.2, a woman, in the absence of a specific allegation against her.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(5), 318(4), 482, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- misappropriation
- scam
- bail conditions
- women
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57954 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
1. Nandan Rishi Son of Late Shyamdeo Rishi R/o village - Kajha Kothi,
Mahadalit Tola, P.S.- K. Nagar, District - Purnea
2. Rinki Devi Wife of Nandan Rishi R/o village - Kajha Kothi, Mahadalit Tola,
P.S.- K. Nagar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Aggarwal, Sr. Advocate
Mr.Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard Mr. N.K. Aggarwal, learned Senior Counsel
for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with K. Nagar P.S. Case No. 101 of 2025 instituted under
Sections 316(5), 318(4), 61(2) of B.N.S.
3. As per the prosecution case, petitioners are alleged
to have committed scam of about Rs. 1 crore.
4. Learned counsel for the petitioner submits that the
main allegation of misappropriation is against petitioner no. 1.
Petitioner no. 2 is the wife of petitioner no. 1. Petitioners have
clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.57954 of 2025(6) dt.20-02-2026
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for anticipatory bail of the petitioners.
6. Considering the fact that the main allegation of
defalcation of money is against petitioner no. 1, therefore, this
is not a fit case for grant of anticipatory bail with respect of
petitioner no. 1.
7. Accordingly, the application stands dismissed with
respect of petitioner no. 1.
8. The petitioner no. 1 is directed to surrender within
two weeks from today and pray for regular bail, failing which
the Superintendent of Police, Purnea will take all steps for
arrest of the petitioner no. 1.
9. So far as petitioner no. 2 is concerned, she is
woman and there is no specific allegation against her, therefore,
let the petitioner no. 2, above named, in the event of her arrest
or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M., Purnea/
concerned Court below in connection with K.Nagar P.S. Case
No. 101 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
Patna High Court CR. MISC. No.57954 of 2025(6) dt.20-02-2026
3/3
10. This application stands partly allowed.
11. Let a copy of this order be communicated to the
Superintendent of Police, Purnea through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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