Patna High Court
Pankaj Tirky @ Pankaj TirkiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to regular bail upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Pankaj Tirky, was charged with offences under Sections 409, 420, 467, 468, 471 and 34 of the Indian Penal Code for allegedly misappropriating compensation meant for land acquisition victims Kishore Kumar and Sunaina Devi. The petitioner claimed a clean antecedent and asserted that he had deposited partial compensation amounts into the victims' accounts and was in custody since June 2025. The State opposed bail, citing the seriousness of the offences. The court considered the petitioner's cooperation, the partial restitution, and the principle of bail pending trial, and directed that he be released on regular bail upon furnishing a bail bond of Rs. 25,000 with two sureties of equal amount. The court also allowed the victims to seek cancellation of bail if the full amount was not credited to their accounts.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under Sections 409, 420, 467, 468, 471 and 34 of the IPC.
- Whether the alleged misappropriation of compensation and partial restitution affect the grant of bail.
Legislation cited
- Indian Penal Code — s. 34, 409, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- criminal breach of trust
- cheating
- forgery
- misappropriation
- land acquisition
- compensation
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74247 of 2025
Arising Out of PS. Case No.-435 Year-2023 Thana- CIVIL LINE District- Gaya
======================================================
Pankaj Tirky @ Pankaj Tirki S/O Rajdev Prasad @ Rajdeo Prasad @ Rajeev
Prasad R/O Village- Agraili, P.S- Chandauti, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 06-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 409, 420, 467, 468, 471 and
34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he received complaint from Kishore Kumar and
Sunaina Devi alleging that their land was acquired under
Amritsar Kolkatta Industrial Corridor Project, hence for seeking
compensation they had given the requisite document to Santosh
and Pankaj, employee of Land Acquisition Office, Dobhi,
further on inquiry it transpired that the amount of compensation
has been credited in a fake account opened in their name in
Patna High Court CR. MISC. No.74247 of 2025(7) dt.06-02-2026
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Dakshin Bihar Gramin Bank when they had their account in
Bank of Baroda, as such the accused persons misappropriated an
amount of Rs. 17,20,000/- of Kishore Kumar and Rs.
17,00,000/- of Sunaina Devi.
4. The learned counsel for the petitioner submits that
the case was taken up on 09.01.2026 when the SHO and the
Investigating Officer of the case were directed to remain
physically present on 16.01.2026. It is submitted that in
compliance of the order dated 09.01.2026, the SHO and the
Investigating Officer of the case were present before this Court
on 16.01.2026 when the SHO submitted that an amount of Rs. 5
lakh was credited in the account of the petitioner. It is further
submitted that petitioner is in custody since 22-6-2025 and has
deposited an amount of Rs. 2,50,000/- in the account of Kishore
Kumar and Rs. 2,50,000/- in the account of Sunaina Devi
through RTGS.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of
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the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor court in connection
with Civil Lines P.S. Case No. 435 of 2023.
7. It is made clear that Kishore Kumar and Sunaina
Devi would be at liberty to file an application seeking
cancellation of regular bail granted to the petitioner in the event
if the amount, as recorded hereinabove, has not been credited in
their account.
8. Accordingly, the instant regular bail application
stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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