Patna High Court
Amrit Kumar @ Nihal Kumar @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ASHOK KUMAR PANDEY
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
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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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