Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 409, 420
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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