Patna High Court
Baban SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
Baban Singh, who is in custody, applied for bail in a case registered in 2019 involving offences under Sections 406, 420, 467, 468, 471, 170 and 120(B)/34 of the Indian Penal Code. The prosecution alleges that a person named Kunal Singh, posing as a parliamentary aide, demanded money for municipal jobs and cheated victims using the alias Brajesh Kumar @ Bambam Singh. The petitioner contends that he is not named in the FIR and that his name was misused by the main accused, noting that all co‑accused have already been granted bail and that he has several other cases pending, for which he is already on bail. The State opposed bail, arguing that the petitioner had absconded for five years and therefore should not be released. After considering the length of his current custody and the circumstances, the Court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions such as personal appearance at each trial date, regular reporting to the Superintendent of Police, and possible cancellation for any breach. The order also directed verification of his criminal antecedents and stipulated that any concealment would lead to bail cancellation. The application was allowed, and the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of fraud, impersonation and prior abscondment.
Legislation cited
- Indian Penal Code — s. 120(B), 170, 34, 406, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- fraud
- impersonation
- criminal procedure
- anticipatory bail
- court conditions
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72759 of 2025
Arising Out of PS. Case No.-348 Year-2019 Thana- KOTWALI District- Munger
======================================================
Baban Singh, Son of Late Onkar Nath Singh @ Onkar Singh, Resident of
Village - Manjura, Police Station - Tetiya Bambar, District - Munger.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Manoj Kumar Singh, Son of Late Ram Lagan Singh, Resident of Village -
Vikrampur, Dariyapur, Police Station - Dharhara, District - Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Adv.
Mr. Surya Narayan Sah, Adv.
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 09-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Kotwali P.S. Case No. 348 of 2019 registered
for the offence(s) punishable under Section(s) 406, 420, 467,
468, 471, 170 and 120(B)/34 of the Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that one Kunal Singh introduced himself as the P.A. of
one of the Members of the Parliament and demanded Rs.
1,00,000/- for providing a job in the Municipal Corporation,
Munger. It is further alleged that the said person has cheated
him using the name of Brajesh Kumar @ Bambam Singh and he
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has also realized money from several persons on the pretext of
providing them jobs.
4. The learned counsel for the petitioner submits
that the petitioner is not named in the F.I.R. and it is in the
course of investigation that the main accused, namely, Brajesh
Kumar @ Bambam Singh has taken the name of the petitioner.
It has been submitted that the petitioner was not aware of him
being implicated as an accused in the present case and hence,
could not appear earlier and in the meantime, almost all the co-
accused persons have been granted bail in the present matter, the
orders of which have been brought on record by way of
Annexure-P/2 series. It has further been submitted that the
charge-sheet has already been submitted against the petitioner
and petitioner is ready to abide by the directions of this Court
and shall make himself available on each and every date of trial.
It has lastly been submitted that though the petitioner carries
long list of antecedents of nine cases against his name, but he is
on bail in all such cases and he is in custody since 04.03.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail and has submitted
that the petitioner had absconded for almost five years and
hence, he does not deserve the liberty of bail.
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6. Regard being had to the facts and circumstances
of the case and taking into account the period of custody of the
petitioner, let the petitioner, above-named, be released on bail
on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Kotwali P.S. Case No. 348 of 2019, subject
to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent
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of Police, Munger within fifteen (15) days of his release
with a copy of this order and every two weeks thereafter
for the next nine months. The conduct of the petitioner
will be kept under watch in this period by the concerned
Superintendent of Police and if it is found wanting in any
respect, a report shall be made to the Court concerned by
him to initiate a proceeding for cancellation of bail of the
petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by
the petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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