Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties and a fixed deposit condition.
Summary
Jitendra Kumar applied for bail fearing arrest in a case (Warisanagar PS Case No. 103 of 2025) alleging defalcation of Rs.34,000 under several sections of the Bihar Negotiable Instruments Act. He contended that he was falsely implicated, the FIR was tampered, and he was willing to pay the amount without admitting guilt. The court, after hearing counsel, allowed the bail application. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.34,000 as a fixed deposit, which would be released if he is acquitted. The bail was granted subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in view of the alleged offences.
- Whether the petitioner’s claim of innocence and willingness to pay the alleged amount affect the bail decision.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- defalcation
- Criminal Procedure Code
- Section 438
- Section 482
- fixed deposit
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60191 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Jitendra Kumar S/o Shambhu Singh R/o Village- Raghopur, Ward No. 12,
P.S.- Jurawanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Warisnagar P.S. Case No. 103 of 2025
registered for the offence under Sections 319(2), 318(4), 338,
336(3), 340(2), 316(2), 111, 61(2) of the BNS.
3. As per the prosecution case, the petitioner is
accused of defalcating Rs. 34000/-.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case as he has not defalcated the alleged
amount and his name has been added in the FIR by tampering
with the FIR. He further submits that the petitioner is ready to
pay the alleged defalcated amount of Rs. 34,000/- without
Patna High Court CR. MISC. No.60191 of 2025(5) dt.20-02-2026
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accepting his guilt and subject to the outcome of the case.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his 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 Judicial
Magistrate, 1st Class, Samastipur/concerned Court below in
connection with Warisnagar P.S. Case No. 103 of 2025, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
7. As a condition of this order, the petitioner is
directed to bring a demand draft of Rs. 34, 000/- in the Court
below which shall be kept by the Court below in the form of
fixed deposit and the same shall be released in favour of the
petitioner, if he is acquitted in the trial.
(Sandeep Kumar, J)
Vikas/-
U
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