Patna High Court

Purushottam KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that pre‑arrest bail could not be granted due to the seriousness of the allegations and the risk of interference with the investigation.

Summary

The petitioner, Purushottam Kumar, was implicated in a criminal complaint alleging that he and co‑accused sold a brick kiln to an informant for Rs 8,11,000 and subsequently prevented the informant from operating the kiln and refused to return the money. The prosecution charged him under sections 318(1), 318(4) and 351(2) of the Bihar Negotiable Instruments Act. The petitioner applied for pre‑arrest bail, fearing imminent arrest. The court examined the nature and gravity of the allegations, noting that the offences involved a substantial financial loss and a serious breach of trust. Considering these factors, the court concluded that granting bail at this stage would be inappropriate. Consequently, the application for pre‑arrest bail was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged fraud and misappropriation under sections 318 and 351 of the Bihar Negotiable Instruments Act.

Legislation cited

Bihar Negotiable Instruments Act — s. 318(1), 318(4), 351(2)

Subjects

pre‑arrest bail
criminal procedure
fraud
brick kiln
Bihar Negotiable Instruments Act
sections 318
section 351

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.64172 of 2025
                   Arising Out of PS. Case No.-632 Year-2024 Thana- COMPLAINT CASE - BARH District-
                                                           Patna
                  ======================================================
                  Purushottam Kumar Son of Indradeep Singh R/O Village- Jamalpur, P.S.- Athmalgola,
                  District- Patna

                                                                                     ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :    Mr. Kumar Sameer , Advocate
                  For the Opposite Party/s   :    Mr. Umeshanand Pandit , APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

4    08-01-2026                         Heard learned counsel for the petitioner and the
                    State .
                                  2. Petitioner apprehends arrest in a case registered for
                    the offence punishable under section 318 (1) , 318 ( 4 ) and 351
                    ( 2 ) of BNS.
                                  3 . As per the prosecution case , informant namely ,
                    Ramdeo Prasad Singh alleged that all the accused persons
                    including this petitioner, sold brick kiln to informant for which
                    Rs. 8,11,000/- was paid. Thereafter, accused persons stopped
                    informant from operating brick kiln and also refused to return
                    the aforesaid money .
                                  4. Considering the nature of accusation and gravity of
                    offence , prayer for pre-arrest bail of the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
Koushik/-

U      T

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