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Patna High Court

Kiran SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U         T


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