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Patna High Court

Shantanu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner, subject to conditions, under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Summary

The petitioner, Shantanu Singh, was accused of fraudulently withdrawing large sums from a dormant bank account, with allegations involving Sections 419, 420, 467 and 471 of the IPC. He contended that he has a clean record and was falsely implicated, pointing out discrepancies in the name on the account and the involvement of a bank clerk, Brajesh Kumar, who allegedly revived the account. The State and the bank were unable to refute these submissions. The Court considered the petitioner’s cooperation, clean antecedent, and the ongoing investigation, and decided to grant anticipatory bail subject to strict conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also warned that bail could be cancelled if the petitioner fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged fraud and false implication.
  • Whether the petitioner’s clean antecedent and willingness to cooperate justify bail despite serious charges under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • fraud
  • dormant bank account
  • false implication
  • IPC sections 419, 420, 467, 471
  • CrPC Section 438
  • B.N.S.S. Section 482
  • banking misconduct

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.85475 of 2025
                     Arising Out of PS. Case No.-632 Year-2023 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Shantanu Singh Son of Subodh Kumar Singh Resident of M-G Marg, near
                 Laxmi Talkies Khagaria, P.S. - Khagaria, Dist. - Khagaria.
                                                                               ... ... Petitioner/s
                                                     Versus
                 1. The State of Bihar
                 2. Bank of India through its Manager, Awadh Complex Rajendra Chouk,
                    Khagaria, P.S. + District Khagaria
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Sri Vindhya Keshri Kumar, Sr. Advocate
                                                  Sri Neeraj Kumar Alias Sanidh, Advocate
                 For the State           :        Mr. Pranav Kumar, A.P.P.
                 For the Bank            :        Mr. Ajit Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-04-2026                    1. Heard Sri Vindhya Keshri Kumar, learned Senior

                   Counsel for the petitioner, learned A.P.P. for the State and

                   learned counsel appearing on behalf of the bank.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 419, 420,

                   467 and 471 of the Indian Penal Code.

                                  3. Learned Senior Counsel for the petitioner submits

                   that petitioner is a person with clean antecedent. It is further

                   submitted that the name of the petitioner is Shantanu Singh and

                   is son of Subodh Kumar Singh. It is next submitted that the said

                   submission has been made, at the outset, since it has relevance

                   on the adjudication of the instant case. It is also submitted that

                   in sum and substance, the allegation is that fraudulently from
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          the account of D.D.C., Khagaria an amount of Rs.51,67,220/-

          was withdrawn through 11 cheques and credited in the account

          no. 462410110003610 of Shantanu Kumar and Shantanu Kumar

          withdrew an amount of Rs.50,90,000/- in cash through 13

          transactions. Further, an amount of Rs.24 Lakhs was withdrawn

          from the account of Shantanu Kumar in between 28.01.2022 to

          11.02.2022.

                       4. Learned Senior Counsel for the petitioner submits

          that petitioner has been falsely implicated in the instant case by

          the informant. It is further submitted that it is not in dispute that

          the money came to be credited in the account of the petitioner,

          i.e., Shantanu Singh but then the said account lastly was

          operated by Shantanu Singh on 17.04.2013 and an amount of

          Rs.300/- was withdrawn. It is next submitted that thereafter the

          account was never operated by Shantanu Singh and the account

          became a dormant account. It is also submitted that

          subsequently when the FIR came to be instituted, it bore an

          allegation that the account was of Shantanu Kumar, son of Ram

          Prakash Thakur. It is further submitted that it appears that since

          the account was lying dormant, as such, someone misused the

          account by changing the name of Shantanu Singh to Shantanu

          Kumar. It is next submitted that during the course of
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          investigation, it also transpired that one Brajesh Kumar being

          Clerk in the Bank of India, Khagaria Branch came to be

          implicated with an allegation that Brajesh Kumar through his

          finacle ID revived the dormant account of Shantanu Kumar and

          thereafter removed the lien from the account of Shantanu

          Kumar, also changed the name of Shantanu Singh to Shantanu

          Kumar and thereafter visited Alauli Branch of the bank on

          15.11.2022 and 23.11.2022 i.e. the date on which the account is

          alleged to have been withdrawn. Further, on 05.03.2023, he

          opened the branch of the bank unauthorizedly despite the day

          being a holiday i.e. Sunday. Further, an amount of Rs.46 lakhs

          was credited in the joint account of Brajesh Kumar with his

          mother.

                       5. Learned Senior Counsel for the petitioner, thus,

          submits that the said facts stand recorded in the order dated

          14.02.2025 in Cr. Misc. No. 67908 of 2024 (Brajesh Kumar Vs.

          The State of Bihar). It is further submitted that Brajesh Kumar

          was granted the privilege of regular bail. It is next submitted

          that investigation in the case is continuing and petitioner will

          not abscond, rather will cooperate in the investigation if the

          privilege of anticipatory bail is granted to him. It is reiterated

          and submitted, at the outset, that the name of the petitioner and
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          his father’s name was submitted only to bring to the notice of

          the Court that the allegation of withdrawal of the amount

          credited in the account of the petitioner was in the name of

          Shantanu Kumar and not Shantanu Singh and even the father

          name was not matching.

                       6. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the bank are not able to rebut the said

          submissions of the learned Senior Counsel appearing on behalf

          of the petitioner.

                       7. Considering the submissions made by the learned

          Senior Counsel appearing on behalf of the petitioner, let the

          petitioner, above-named, in the event of his arrest or surrender

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/Successor Court in connection with Khagaria P.S.

          Case No. 632 of 2023, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       8. However, it is made clear that if the Investigating

          Officer of the case files an application before the learned Trial

          Court bringing to its notice that the petitioner, despite giving
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                     assurance to this Court, is not cooperating in the investigation,

                     the learned Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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