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Patna High Court

Amrit Kumar @ Nihal Kumar @ Amit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional bail to the petitioner subject to a monetary deposit and surety conditions.

Summary

The petitioner, Amrit Kumar, was arrested in connection with alleged defalcation of over Rs 2.68 crore while employed by L&T Finance Company, accused of cheating the company by advancing loans to 41 persons. He applied for regular bail, claiming innocence and stating that only about Rs 2 lakh was actually credited to his account, which he was willing to return. The prosecution and L&T Finance opposed bail, labeling him the kingpin of the fraud, while the petitioner’s counsel argued lack of criminal antecedents and the nature of the received funds. The court examined the allegations, the petitioner’s willingness to deposit the disputed amounts, and the absence of objection from the company regarding the deposit condition. Considering these factors, the court granted provisional bail on the condition that the petitioner deposit Rs 2,46,980 and Rs 33,400 with the company within six months and furnish a bail bond with sureties. The trial court was directed to confirm the bail upon compliance with the conditions.

Issues considered

  • Whether the petitioner is entitled to regular/provisional bail despite charges under sections 318(4), 338, 336(3), 316(2) and 3(5) of the BNSS, 2023.
  • Whether the condition of depositing the alleged defrauded amounts with the company is appropriate for bail.
  • Whether the petitioner’s alleged role as a ‘kingpin’ justifies denial of bail.

Legislation cited

  • BNSS, 2023 — s. 316(2), 318(4), 336(3), 338, 3(5)

Subjects

  • bail
  • regular bail
  • provisional bail
  • financial fraud
  • defalcation
  • loan fraud
  • Bihar Criminal Procedure
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72752 of 2025
                        Arising Out of PS. Case No.-91 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Amrit Kumar @ Nihal Kumar @ Amit Kumar Son of Sudhir Kumar Resident
                 of Village - Sabalpur, Baban Toli, P.S. - Sonpur, District - Saran(Chapra).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajeev Kumar, Advocate
                 For the Opposite Party/s :        Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-01-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 318 (4),

                   338, 336 (3), 316 (2) and 3 (5) of the BNSS, 2023.

                                3.     The case of the prosecution is that the petitioner

                   was an employee of L & T Finance Company and his duty was

                   to advance loan for agriculture appliances. It is alleged that he

                   advanced loans to 41 persons and in connivance with them,

                   defalcated a total sum of Rs. 2,68,00,139/-. From perusal of the

                   First Information Report, it appears that the petitioner received a

                   sum of Rs. 2,46,980/- from one Rakesh Kumar Gope and Rs.

                   33,400/- from Nishad Automobiles.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.72752 of 2025(4) dt.09-01-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          though the amounts credited to the petitioner’s account were

          received as he assisted Rakesh Kumar Gope in purchasing a Gir

          Cow. Moreover, the petitioner is languishing in judicial custody

          since 06.06.2025 having no criminal antecedent.

                       5.   Learned counsel for the L & T Company has

          vehemently opposed the prayer of regular bail, submitting that

          the petitioner, in connivance with others, cheated the company

          to the tune of more than two crores of rupees and that the

          petitioner is the kingpin of the offence.

                       6. After some submission, learned counsel for the

          petitioner has submitted that although there is an allegation of

          defalcation of more than two crores of rupees but the amount

          actually credited in the petitioner’s account is Rs. 2 lacs and

          odd. Petitioner is ready and willing to return the said amount.

                       7. Learned counsel for the L & T company has also

          raised no objection to the same.

                       8. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          provisional bail. Accordingly, the above named petitioner is

          directed to be released on provisional bail in connection with
            Patna High Court CR. MISC. No.72752 of 2025(4) dt.09-01-2026
                                                        3/3




                      Rupaspur P.S. Case No. 91 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned ACJM-II, Danapur, Patna,

                      subject to the condition that petitioner shall deposit Rs.

                      2,46,980/- and Rs. 33,400/- with the company withing six

                      months. In case of failure to comply with the aforesaid

                      condition, the bail granted shall be liable to be cancelled. Upon

                      the fulfillment of the condition, the trial Court is directed to

                      confirm the provision bail.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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