Patna High Court
Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to payment of a bail bond and installment-based restitution.
Summary
The petitioner, Chintu Kumar, was accused under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita for allegedly defalcating Rs. 1,50,000. He claimed innocence but offered to repay the amount in six equal monthly installments. The State opposed his bail application. The Patna High Court, after considering the facts and the petitioner's willingness to make restitution, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and the condition that the first installment be deposited immediately, with the remaining installments to be paid monthly to the informant bank. Failure to complete the payments would permit cancellation of bail. Upon full payment, the provisional bail would be confirmed. The application was disposed with the grant of anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of defalcation under the Bharatiya Nyaya Sanhita.
- Whether the condition of repayment in installments is a valid condition for anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- defalcation
- restitution
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72957 of 2025
Arising Out of PS. Case No.-454 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Chintu Kumar S/o Shailendra Singh R/o Village- Iniyar, (Iniar), Ward No 10,
P.S- Lakho, Dstrict- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Simri Bakhtiyarpur P.S. Case No. 454 of 2024 instituted
under Sections 316(2), 318(4) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is
accused of defalcating Rs. 1,50,000/- approx.
4. Learned counsel for the petitioner submits that the
petitioner is innocent but without accepting his guilt, he is ready
to deposit the entire amount in six equal monthly installments.
5. Learned A.P.P. appearing for the State has
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vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case
as well as the submission of the learned counsel for the
petitioner, this application for anticipatory bail is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on provisional bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, 1st Class, Bagaha, West Champaran
/concerned Court in connection with Simri Bakhtiyarpur P.S.
Case No. 454 of 2024, subject to the conditions laid down in
Section 482 of the BNSS/ 438(2) of the Code of Criminal
Procedure, 1973. subject to the following conditions that:-
(i). The petitioner is permitted to deposit
the amount of Rs. 1,50,000/- in six equal monthly
installments.
(ii). The petitioner shall be released on
provisional bail after he deposits the first
installment in the Court below. Rest of the
installments shall be deposited by the petitioner
every month till the entire amount of Rs. 1,50,000/-
is paid to the informant-Bank namely, Fincare
Small Fanance Bank, failing which the Court
below will be at liberty to cancel the bail bonds of
the petitioner on the application of the informant.
(iii). After the entire amount is deposited,
the provisional bail granted to the petitioner shall
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be confirmed by the Court below.
8. With the aforesaid observation and direction, this
application stands disposed of.
(Sandeep Kumar, J)
P. Kumar
U T
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