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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to verification of the deposit of the defalcated amount and compliance with the stipulated bail conditions.

Summary

Petitioner Pramod Kumar feared arrest in a case (Banka P.S. Case No. 109 of 2018) filed under Sections 420 and 409 of the Indian Penal Code alleging a defalcation of Rs.92,06,200 from a Government Fund. The petitioner contended that the co‑accused had already deposited the entire amount in the treasury. Relying on this submission, the High Court allowed the bail application, directing that the petitioner be released on bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to verification that the full amount has indeed been deposited. The bail was conditioned on compliance with Section 482 of the BNSS and Section 438(2) of the Code of Criminal Procedure, 1973. The order was pronounced by Justice Sandeep Kumar on 13‑03‑2026.

Issues considered

  • Whether bail should be granted to the petitioner in a case of alleged defalcation under IPC Sections 420 and 409.
  • Whether the deposition of the entire defalcated amount by the co‑accused justifies bail.
  • Whether the conditions prescribed under the CrPC and relevant statutes are satisfied.

Legislation cited

Subjects

  • bail
  • defalcation
  • IPC 420
  • IPC 409
  • Criminal Procedure Code
  • verification of deposit
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.82503 of 2025
                        Arising Out of PS. Case No.-109 Year-2018 Thana- BANKA District- Banka
                 ======================================================
                 Pramod Kumar Son of Late Ram Naresh Singh @ Late Naresh Singh
                 Resident of House No. 172, Ward No. 33, Bandha, P.S.- Deoghar, District-
                 Deoghar (Jharkhand)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bindhyanchal Singh, Sr. Advocate
                                                  Mr. Kumar Pritam, Advocate
                                                  Ms. Saloni Kumari, Advocate
                                                  Ms. Diksha Singh, Advocate
                                                  Mr.Vipin Kumar Singh, Advocate
                 For the State            :       Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   13-03-2026                    Heard learned Senior Counsel for the petitioner and

                   learned A.P.P. for the State.

                                  2. The petitioner apprehends arrest in connection

                   with Banka P.S. Case No. 109 of 2018 instituted under Sections

                   420 and 409 of the Indian Penal Code.

                                  3. The petitioner and others are said to have

                   defalcated Rs. 92,06,200/- from the Government Fund.

                                  4. Learned Senior Counsel for the petitioner submits

                   that the entire defalcated amount has been deposited in the

                   treasury by the co-accused.

                                  5. In these circumstances, this application is allowed.

                                  6. Accordingly, in the event of arrest or surrender
           Patna High Court CR. MISC. No.82503 of 2025(5) dt.13-03-2026
                                                       2/2




                     before the Court below within six weeks from today, the

                     petitioner, above named, be released on bail upon furnishing

                     bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Chief Judicial

                     Magistrate, Banka/ concerned Court in connection with Banka

                     P.S. Case No. 109 of 2018, subject to the conditions laid down

                     in Section 482 of the BNSS/ 438(2) of the Code of Criminal

                     Procedure, 1973.

                                  7. This is subject to the condition that at the time of

                     accepting the bail bonds of the petitioner, the Court below will

                     verify the statement made by the petitioner and if it is found that

                     the entire amount has been deposited, as contended by learned

                     Senior Counsel for the petitioner, the bail bonds of the petitioner

                     shall be accepted otherwise appropriate order shall be passed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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