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Patna High Court

Prem Kishore SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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