Patna High Court
Kiran SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted subject to the petitioner furnishing a bail bond of Rs.10,000 with two sureties and complying with the conditions of Section 482(2).
Summary
The petitioner, Kiran Singh, was implicated in a loan fraud case where she allegedly obtained a Rs.22 lakh loan for a biscuit unit but purportedly misused the funds, leading to charges under sections 316(2), 319(2), 318(4), 336(3) and 338 of the Bharatiya Nagarik Suraksha Sanhita, 2023. She applied for anticipatory bail, asserting innocence, clean antecedents, and willingness to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the facts, the nature of the allegations, and the petitioner's submissions. Considering the circumstances, the Court ordered that if the petitioner is arrested or surrenders within six weeks, she shall be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged loan fraud charges under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 316(2), 318(4), 319(2), 336(3), 338, 482(2)
Subjects
- anticipatory bail
- loan fraud
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77656 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Kiran Singh W/o Din Dayal Singh R/o Village- Bathane, P.S.- Pandaul,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubham Kumar, Advocate.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rajnagar P.S. Case No.05 of 2025 instituted under Sections
316(2), 319(2), 318(4), 336(3) & 338 of the B.N.S., 2023.
3. As per the prosecution case, the petitioner had
taken a loan of Rs.22,00,000/- (comprising Rs.2,20,000/- as
margin money and Rs.19,80,000/-as bank loan) from the Uttar
Bihar Gramin Bank, Rampatti Branch under the FMETL
scheme for establishing a biscuit manufacturing unit. It is
alleged that out of said loan amount, Rs.18,60,034/- was
transferred on 03.04.2024 for the purchase of machinery as
described in the quotation but during the course of audit
conducted by the bank’s internal auditory, it was found that not
Patna High Court CR. MISC. No.77656 of 2025(3) dt.11-02-2026
2/3
all the machineries mentioned in the quotation were available on
site and indicating that the borrower had availed the said loan
merely to obtain the benefit of subsidy and the loan amount was
utilized for other purposes.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to misunderstanding. He further submits that the
petitioner had duly purchased and installed the machinery at the
projected site. Learned counsel submits that the petitioner has
not diverted any amount given to her as loan. He further submits
that petitioner is a lady, having got clean antecedent and she
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned C.J.M., Madhubani in connection with Rajnagar P.S.
Case No.05 of 2025, subject to the conditions laid down in
Patna High Court CR. MISC. No.77656 of 2025(3) dt.11-02-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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