Patna High Court
Shantanu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 419, 420, 467, 471
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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