Patna High Court
Nil Mani Singh @ Neel Mani SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was denied because the seriousness of the offences and the likelihood of the petitioner interfering with the investigation outweighed the presumption of innocence.
Summary
The petitioner, Nil Mani Singh, sought bail in a case registered under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, alleging that he was falsely implicated in a fraud involving Nirmal Vishwas Nidhi Ltd. Bank. The informant claimed that the accused, who were directors and agents of the bank, promised high returns and collected installments before the bank was shut down and the accused fled. The petitioner argued that the FIR does not specifically allege his personal involvement and that the bank was intended to create wealth for the poor. The State, represented by an A.P.P., contended that such institutions are proliferating in Bihar, cheating investors, and that granting bail could enable the petitioner to abscond or tamper with evidence. After hearing both sides, the Court agreed with the State’s submission and refused to grant bail, concluding that the seriousness of the alleged offences and risk of interference with the investigation warranted continued custody.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged fraud and risk of absconding or tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 3(5)
Subjects
- bail
- economic fraud
- Bharatiya Nyaya Sanhita
- abscondment risk
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77513 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Nil Mani Singh @ Neel Mani Singh S/O Late Surendra Singh R/O Village-
Ratanpura, P.S.- Bhagwanpur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Adv
Ms.Vaishnavi Singh
For the Opposite Party/s : Mr.Khurshid Anwar, APP
Mr. Gauri Shankar Thakur, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 1. Heard learned counsel for the petitioner, Sri Ajay
Thakur; learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant.
2. The petitioner seeks bail in connection with
Bhagwanpur P.S. Case No. 21 of 2025 registered for the
offences punishable under Sections 316(2), 318(4) and 3(5) of
the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and is in custody since
21-8-2025 and the informant alleges that that the accused
persons, being the Director, Manager and Agent of Nirmal
Vishwas Nidhi Ltd. Bank, assured him of returns on his
investment, accordingly, the informant started depositing
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Rs.700/- per day for two years, as such, deposited an amount of
Rs. 5 lakh/- but later came to know that the accused persons
have closed the Bank on 28.12.2024 and fled away but still the
agent kept collecting the installment till 30.12.2024.
4. Learned counsel for the petitioner submits that
petitioner, who is alleged to be the Director of the Bank, has
been falsely implicated in the instant case by the informant. It is
further submitted that from perusal of the allegation as alleged
in the FIR, it would manifest that the informant does not allege
that it was petitioner who lured the investors in investing with
the Bank. It is also submitted that the Bank was opened with an
idea of creating wealth for the poor, but then the business failed.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for bail
of the petitioner and submits that such institutions are
mushrooming in the State of Bihar and are cheating innocent
investors of their hard earned money and if the privilege of
regular bail is granted to the petitioner, the petitioner may
abscond or try to tamper with the evidence.
6. After hearing the learned counsel for the parties,
the Court is in complete agreement with the submission made
by learned APP, as such the Court is not inclined to release the
Patna High Court CR. MISC. No.77513 of 2025(3) dt.26-02-2026
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petitioner on bail.
7. Accordingly, the prayer for bail of the petitioner is
rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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