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Patna High Court

Durga Prasad DubeyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant bail, recalled the provisional bail, and ordered the petitioner to surrender.

Summary

Durga Prasad Dubey was charged under IPC sections 420, 406, 468, 34 and Section 3 of the BPID Act for cheating investors. He had been granted provisional bail on 28‑11‑2025 on the condition that he repay the cheated amount. The petitioner later claimed that SEBI had frozen his bank accounts, leaving him unable to make any repayment, and prayed for an extension of bail. The Patna High Court examined the circumstances and, noting the seriousness of the offences and the petitioner’s inability to satisfy the bail condition, refused to extend bail. The court dismissed the bail application, recalled the earlier provisional bail, and ordered the petitioner to surrender within two weeks.

Issues considered

  • Whether bail should be granted or extended when the petitioner’s bank accounts are frozen by SEBI and he cannot repay the cheated amount.
  • Whether the provisional bail previously granted should be recalled in view of the petitioner’s alleged inability to comply with bail conditions.

Legislation cited

Subjects

  • bail
  • cheating
  • IPC
  • SEBI
  • account freeze
  • provisional bail
  • surrender
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78792 of 2025
                 Arising Out of PS. Case No.-530 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Durga Prasad Dubey S/o- Vijay Narayan Dubey R/o- 131 Bonajhawar
                 Colony, Edagah Kanpur, UP

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Dhanju Devi w/o- Ravindra kr. singh r/o- kinarchola, jaitpurkula, ps-
                 Bhagwanpur, dist- Kaimur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. P.N. Shahi Sr. Adv.
                                                 Mr.Surya Narayan Kumar
                 For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1
                                                 Mr. Jharkhandi Upadhyay
                 For the O.P. No. 02      :      Mr. Umesh Kumar
                                                 Mr. Abhishek Anand
                                                 Mr. Shubhankar Raj
                 For SEBI                 :      Mr. Rajesh Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   27-02-2026                     Heard the parties.

                                   2. The petitioner seeks bail in connection with

                   Mohania P.S. Case No. 530 of 2021 registered for the offence

                   under Sections 420, 406, 468, 34 of the Indian Penal Code and

                   under Section 3 of the BPID Act.

                                 3. The allegation against the petitioner is of cheating a

                   huge amount of the investors.

                                 4. The petitioner was granted provisional bail vide

                   order dated 28.11.2025 for repaying the remaining cheated

                   amount to the investors but today, the learned senior counsel for
          Patna High Court CR. MISC. No.78792 of 2025(6) dt.27-02-2026
                                                      2/2




                    the petitioner has submitted that the bank accounts of the

                    petitioner has been freezed by SEBI and he has no money to

                    return the investors unless SEBI frees the bank accounts of the

                    petitioner and again he prays for some time.

                                 5. Considering the facts of the case, this Court is not

                    inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.

                                 7. The provisional bail granted to the petitioner vide

                    order dated 28.11.2025 is hereby recalled and the petitioner is

                    directed to surrender within two weeks from today.

                                 8. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Kaimur through FAX for

                    its compliance.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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