Patna High Court
Brahma ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that provisional bail may be granted in the present case subject to a bond and a condition of depositing Rs 5 lakh in instalments, in accordance with Section 438(2) of the CrPC and Section 482 of the B.N.S.S.
Summary
Brahma Thakur was implicated in a criminal case (P.S. No.70 of 2022) for alleged defalcation of Rs 8.75 lakh, charged under Sections 420, 409 and 34 of the Indian Penal Code. He feared arrest and contended that he was falsely implicated, asserting his innocence and willingness to pay his share of the alleged loss. The petitioner filed an application for provisional bail before the Patna High Court. The Court, after hearing counsel, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. The bail was conditioned on the petitioner depositing Rs 5 lakh with the concerned department in monthly installments of Rs 25,000, with confirmation of bail upon full payment. Failure to meet the instalment schedule would result in automatic cancellation of the bail bond.
Issues considered
- Whether provisional bail can be granted in a case involving alleged defalcation under IPC Sections 420, 409 and 34
- Whether imposing a condition of depositing Rs 5 lakh in instalments is permissible under Section 438(2) CrPC and Section 482 B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 409, 420
Subjects
- provisional bail
- Section 438 CrPC
- defalcation
- government funds
- IPC 420
- IPC 409
- IPC 34
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7365 of 2026
Arising Out of PS. Case No.-70 Year-2022 Thana- PIPRASI District- West Champaran
======================================================
Brahma Thakur S/O Gauri Thakur R/O Village- Bahari Sthan, Post-
Semralabedaha, P.S- Piprasi, District- West Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Pratap, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Piprasi P.S. Case No. 70 of 2022, registered for the offence
under Sections 420, 409 & 34 of the I.P.C.
3. As per the prosecution case, the petitioner and other
accused are said to have defalcated government fund of Rs.
8,75,000/-.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. Learned counsel submits that the
petitioner is ready to pay the alleged defalcated amount on his
part.
5. Considering the aforesaid facts, this application is
allowed.
Patna High Court CR. MISC. No.7365 of 2026(3) dt.12-05-2026
2/2
6. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on provisional bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned concerned
Court below in connection with Piprasi P.S. Case No. 70 of
2022, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973/Section 482 of the
B.N.S.S.
7. As a condition of this order, the petitioner will
deposit a sum of Rs. 5 lakhs with the government/department
concerned in equal monthly installments of Rs. 25,000/- and
when the petitioner finally deposits the amount of Rs. 5 lakhs,
the interim bail shall be confirmed by the Court below. Failure
to pay the installment of Rs. 25,000/- per month will result in
automatic cancellation of the bail bond of the petitioner.
(Sandeep Kumar, J)
sadique/-
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