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Patna High Court

Chintu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.72957 of 2025(3) dt.21-01-2026
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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
           Patna High Court CR. MISC. No.72957 of 2025(3) dt.21-01-2026
                                                       3/3




                                     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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