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Patna High Court

ONKAR NATH BHARTIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that there was no ground to interfere with the bail order and dismissed the application for its cancellation.

Summary

Onkar Nath Bharti, a branch manager of Dakshin Bihar Gramin Bank, filed an application seeking cancellation of the regular bail granted to Uttam Kumar, a bank employee accused of forging documents and misappropriating Rs 11,29,987. The bail, ordered on 30‑09‑2022 by the Additional District and Sessions Judge, was conditioned on a deposit of Rs 4,15,380, a bond, and compliance with investigative requirements. Bharti contended that the lower court erred in granting bail, arguing that Kumar’s role as a co‑accused differed from other accused who had been bailed. The Patna High Court examined the bail order and noted that it expressly allowed the prosecution to move for cancellation if any condition was breached. Finding that the lower court had duly considered the material facts and provided a mechanism for revocation, the Court saw no basis to interfere. Consequently, the application for cancellation was disposed, leaving the bail order intact but permitting a future application for cancellation if conditions are violated.

Issues considered

  • Whether the regular bail granted to Uttam Kumar was obtained on erroneous consideration and should be cancelled.

Subjects

  • bail
  • cancellation of bail
  • criminal misappropriation
  • forgery
  • bank employee
  • High Court
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.74275 of 2022
                         Arising Out of PS. Case No.-54 Year-2020 Thana- AAYAR District- Bhojpur
                 ======================================================
                 Onkar Nath Bharti Son Of Late Deependra Nath Sah Resident Of Village-
                 Kasim Bazar, P.S.- Raj Mahal, District- Sahebganj, At Present Posted As
                 Branch Manager, Dakshin Bihar Gramin Bank, Ambujganj, P.O. And P.S.-
                 Ambujganj, District- Bhagalpur
                                                                        ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Uttam Kumar Son of Birendra Kumar Rai @ Virendra Kumar Ray Resident
                  of village- Khanet, P.O.- Khanet, P.S.- Pawar, District- Bhojpur (Ara)
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mahesh Narayan Parbat, Sr. Adv.
                                                   Mr. Praveen Prabhakar, Adv.
                 For the State            :        Md. Fahimuddin, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   09-01-2026                    Heard Mr. Mahesh Narayan Parbat, learned senior

                   counsel for the petitioner, who is the Branch Manager of

                   Dakshin Bihar Gramin Bank and learned APP for the State.

                                  2. The present application is for cancellation of

                   regular bail granted by the learned Additional District and

                   Sessions Judge-X, Bhojpur at Ara by stating that the court

                   concerned had granted bail to the opposite party no. 2 upon

                   wrong and erroneous consideration.

                                  3. It has been submitted that the learned court

                   concerned has not properly appreciated the fact that the present

                   opposite party no. 2 was an employee of the Bank and he had

                   indulged in forgery as it was his I.D. which was used for the
Patna High Court CR. MISC. No.74275 of 2022(3) dt.09-01-2026
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          commission of the offence due to which misappropriation of an

          amount to the tune of Rs. 11,29,987/- an odd was committed. It

          has also been submitted that the case of the present opposite

          party no. 2 was not similarly situated with the other co-accused

          person who had been granted bail and hence, the impugned

          order granting bail to the opposite party no. 2 suffers from

          perversity and wrong appreciation of facts.

                       4. Upon perusal of order dated 30.09.2022 granting

          regular bail to opposite party no.2, it is found that the learned

          court concerned has passed an order supported by reasons and

          the bail that has been granted to the petitioner has also been

          passed on the condition of deposit of Rs. 4,15,380/- which was

          the alleged amount which had been said to be transferred to the

          account of the concerned Bank. The order makes it very clear

          that the opposite party no. 2 would be released on furnishing

          bail bond of Rs. 25,000/- only upon receipt of deposit of Rs.

          4,15,380/- in the concerned Bank and he has also subjected the

          petitioner to other conditions, being, cooperation in the

          investigation, not tampering with the evidences not influencing

          the witnesses and to regularly attend the court proceedings

          whenever called upon to do so. In addition to the same, it has

          also been emphasized that in case of violation of any of the
             Patna High Court CR. MISC. No.74275 of 2022(3) dt.09-01-2026
                                                         3/3




                       conditions of the order granting bail, the said order would be

                       liable to be cancelled upon appropriate application by the

                       prosecution.

                                    5. Taking into consideration the entire facts and

                       circumstances        of    the    case     which     relates   to   criminal

                       misappropriation of money and also taking into consideration

                       the fact that the learned court concerned granting bail to the

                       opposite party no. 2 has taken into consideration all the relevant

                       facts and has rather also given liberty to approach for

                       cancellation of bail in case of violation of any of the conditions,

                       I do not see any reason to interfere with such order.

                                    6. However, the petitioner would always be at liberty

                       to file an application for cancellation of bail in case of violation

                       of any of the conditions of the bail already granted to the

                       opposite party no. 2.

                                    7. Accordingly, the present application is disposed of

                       with the aforesaid liberty.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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