Patna High Court
Prem Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond, sureties and strict conditions.
Summary
Prem Kishore Singh sought relief from arrest in a cyber‑fraud case where he was alleged to have been involved in misappropriating Rs 26,57,348 under IPC sections 420, 467, 468, 471, 34 and IT Act sections 65, 66C, 66D. The informant, a LIC branch manager, filed the FIR on 24‑10‑2024, but the prosecution disclosed that Rs 26,17,348 had already been recovered before the FIR, leaving only a small amount outstanding. The petitioner offered to pay Rs 50,000 and relied on a prior decision (Ram Krishna Bhadra v. State of Bihar, Cr. Misc. No. 12650/2025) that granted relief on similar terms. The State opposed, alleging the petitioner’s role in the FIR. Considering the near‑full recovery of the money and the petitioner’s willingness to pay, the court granted anticipatory bail with a bond of Rs 10,000, two sureties, and specific conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted in view of the recovery of most of the misappropriated amount and the petitioner’s offer to pay a further sum
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses
- Whether the nature of the alleged offences under the IPC and IT Act warrants denial of bail
Legislation cited
- Indian Penal Code — s. 34, 420, 467, 468, 471
- Information Technology Act — s. 65, 66C, 66D
Subjects
- anticipatory bail
- cyber fraud
- misappropriation
- IPC
- IT Act
- bail conditions
- money recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74410 of 2025
Arising Out of PS. Case No.-42 Year-2024 Thana- Cyber P.S. District- East Champaran
======================================================
Prem Kishore Singh S/O Late Hriday Narayan Singh Resident of Village-
Chikani, P.S- Harpur, Distt.- East Champaran at present Mohalla- Kaurihar
Chowk, Mahaveer Nagar, P.S- Raxaul, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 21-01-2026 Heard Mr. Ravindra Kumar, learned counsel for the
petitioner duly assisted by Mr. Amish Kumar No. 1 as also the
State.
2. The petitioner is apprehending his arrest in
connection with Mothihari Cyber P.S. Case No. 42 of 2024 for
the offence under sections 420, 467, 468, 471 and 34 of the IPC
and Sections 65, 66C and 66D of the I.T. Act lodged on
24.10.2024 by the informant, Santosh Kumar.
3. As per the prosecution story, the informant who is
Branch Manager of the Life Insurance Corporation of India,
Raxaul Branch alleged that using the agent code number, the
staffs/employees of the nearby cyber-cafe misappropriated Rs.
26,57,348/-. Annexing the chart how the said amount was
misappropriated, the FIR was lodged.
Patna High Court CR. MISC. No.74410 of 2025(3) dt.21-01-2026
2/3
4. Learned counsel for the petitioner has taken this
Court to paragraph 12 to show that out of Rs. 26,57,348/-, Rs.
26,17,348/- has been recovered prior to the lodging of the FIR
and minuscule amount is there. He has further taken this Court to
an order passed by this Court in Cr. Misc. No. 12650 of 2025
(Ram Krishna Bhadra vs. The State of Bihar) on 14.05.2025 to
submit that subject to payment of Rs. 50,000/-, the relief was
granted and he also intends to pay Rs. 50,000/-.
5. Learned APP opposes the prayer submitting that the
petitioner played an important role which led to the FIR.
6. Taking into account the submissions of the parties as
also the facts that have been recorded above including the order
passed in Cr. Misc. No. 12650 of 2025, the amount has almost
returned to the coffers, the petitioner is ready to pay Rs. 50,000/-,
in that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Motihari, East
Champaran in connection with Mothihari Cyber P.S. Case No. 42
of 2024 subject to the following conditions:
Patna High Court CR. MISC. No.74410 of 2025(3) dt.21-01-2026
3/3
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter I.D. Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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