Patna High Court
Bhola DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail may be granted as there was no material evidence directly implicating the petitioner in the alleged fraud.
Summary
The petitioner, Bhola Das, was implicated in a case alleging fraud and misappropriation of Rs. 16.12 lakh under IPC sections 420, 417 and 406/34, based on the claim that he, along with co‑accused, induced an informant to invest in a housing finance scheme. He contended that the FIR only showed the money being deposited in the bank accounts of co‑accused Rajeev Kumar and Shahil Singh, with no evidence of his personal involvement or receipt of any funds. The petitioner argued that his inclusion as an accused was solely due to his relationship as the father of co‑accused Rajeev Kumar. The State opposed the petition for anticipatory bail, asserting the seriousness of the offences. The Court examined the material on record and found no direct link between the petitioner and the alleged misappropriation. Consequently, the Court exercised its power under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. to grant anticipatory bail, subject to a bail bond and sureties. The order directs that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations under IPC sections 420, 417 and 406/34.
- Whether there is sufficient material evidence linking the petitioner to the alleged misappropriation of funds.
Legislation cited
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- IPC 420
- IPC 417
- IPC 406
- misappropriation
- high court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82381 of 2025
Arising Out of PS. Case No.-286 Year-2024 Thana- KHANPURA District- Samastipur
======================================================
Bhola Das S/o Late Raghubar Das @ Raghubir Das R/o village - Dighra,
Ward No. 3, P.S. - Pusa, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Kumar Mahto S/o Panna Lal Mahto R/o Village - Walapar, P.S -
Rosera, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Roy
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 06-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 420, 417 and 406/34 of
the Indian Penal Code.
3. Allegation against petitioner is that he along with
other co-accused persons persuaded informant and others to
invest money in the Housing Company Finance and
misappropriated the total amount i.e. Rs. 16,12,700/- (Rupees
sixteen lakhs twelve thousand seven hundred only) of informant
and other customers.
4. Learned counsel for the petitioner submits that
from bare perusal of the F.I.R., it is apparent that informant and
other customers paid the entire money in the bank account of
Patna High Court CR. MISC. No.82381 of 2025(6) dt.06-07-2026
2/2
co-accused Rajeev Kumar and Shahil Singh and there is no
material to show that this petitioner has taken any money from
informant or other. Petitioner has been made accused in this
case merely because he happens to be father of co-accused
Rajeev Kumar. Not a single penny has been credited in the
account of this petitioner. Co-accused Shahil Singh has been
granted regular bail by a coordinate Bench of this Court, vide
order dated 29.04.2025 passed in Cr.Misc. No. 25177 of 2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
the prayer for anticipatory bail of petitioner is allowed.
Accordingly, in the event of arrest/surrender before the Court
below within a period of eight weeks from today, let the above
named petitioner be enlarged on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1 st class,
Samastipur in connection with Khanpur P.S. Case No. 286 of
2024, subject to condition as laid down under Section 438(2) of
the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
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