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Patna High Court

Vijay SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court denied bail, holding that the nature of the offences and the accused's antecedents warranted continued detention.

Summary

Vijay Sah, a director of an unauthorised Nidhi company, was charged under Sections 406, 420, 120B and 34 of the Indian Penal Code for alleged misappropriation of approximately Rs. 2 crore. He applied for regular bail before the Patna High Court, having been in custody since 7 November 2023 and possessing two prior criminal antecedents. The court noted that his earlier bail plea had been rejected and that the Supreme Court had dismissed his special leave petition (SLP (Crl) No.8579 of 2024). All witnesses in the trial have been examined and the final arguments are pending. Considering the seriousness of the offences, the existence of prior convictions, and the ongoing trial, the court declined to grant bail and ordered the trial court to expedite the remaining proceedings.

Issues considered

  • Whether bail should be granted to an accused charged with criminal breach of trust, cheating, conspiracy and common intention involving large financial misappropriation.
  • Whether the accused's prior criminal antecedents and the seriousness of the alleged offences preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • conspiracy
  • Nidhi company
  • misappropriation
  • Indian Penal Code
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64165 of 2025
                  Arising Out of PS. Case No.-1867 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Vijay Sah S/o Rajendra Sah R/o Village_ Badi Maliya, P.S.- Gogari, DIstt.-
                 Khagaria

                                                                                 ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Arvind Kumar Pankaj S/o- Late Jageshwar Chaurasiya Asst. Branch
                 Manager, Sarvoday Proficient Fund Ltd. Ravi Ranjan Market Arya Samaj
                 Road Old Post office Road Samastipur W.No- Ps Dist- Samastipur, R/o-
                 West Girls High School Kushipur Samastipur Ps Dist- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-01-2026                  Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the informant.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Samastipur Muffasil P.S.

                   Case No. 179 of 2019 (Complaint Case No. 1867 of 2021)

                   registered for the offence under Sections 406, 420, 120B/34 of

                   the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 04.04.2024 in Cr. Misc. No. 22927 of 2024 by this

                   Court, which reads as follows:-

                                                          Heard learned cousnel for the petitioner
                                              and learned APP for the State.
            Patna High Court CR. MISC. No.64165 of 2025(3) dt.16-01-2026
                                                        2/2




                                                            2. The petitioner seeks bail in connection
                                              with Muffasil P.S.Case No. 179 of 2019 (Complaint
                                              case No. 1867 of 2021) registered for the offence
                                              punishable under Sections 420 of the Indian Penal
                                              Code.
                                                            3. The petitioner is a member of Board
                                              of Directors of Nidhi Company and the company
                                              was collecting money, though, the Nidhi Company
                                              was not authorized by the Central Government. The
                                              Company of which the petition is a member of
                                              Board and he is accused of misappropriating about
                                              Rs. 2 corers which may increase, if the case is
                                              investigated properly.
                                                            4. Learned counsel for the petitioner
                                              submits that petitioner is in custody since
                                              07.11.2023. The petitioner has two criminal
                                              antecedents.
                                                            5. In view of the aforesaid fact, This
                                              Court is not inclined to grant bail to the petitioner.
                                              Accordingly, the prayer of bail of the petitioner is
                                              rejected herewith.
                                                            6. The trial Court is directed to expedite
                                              the trial of all the cases in one court pending against
                                              the petitioner.
                                   4. Thereafter, the petitioner moved before the Hon’ble

                      Supreme Court vide SLP (Crl) No(s). 8579 of 2024 which was

                      dismissed by the Hon’ble Supreme Court on 18.07.2024.

                                   5. In the trial, all the witnesses have been examined

                      and the final argument is to begin on the next date of hearing.

                                   6. In view of the above, this application for regular

                      bail stands rejected.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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