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Patna High Court

PINTU KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Pintu Kumar, a contractor, was awarded two soil‑filling contracts by a government teacher‑training college and received full payment after completing the work. An FIR later alleged that his partner, Sujit Kumar (alias Chintu), fraudulently diverted the payment into Pintu Kumar’s account, leading to a criminal complaint under several sections of the B.N.S. Pintu Kumar applied for anticipatory bail, asserting that he was innocent, that the dispute was civil, and that the FIR was filed after an unreasonable delay. The State and the informant opposed the bail. The court examined the general and omnibus nature of the accusations, the petitioner’s clean antecedents, and the lack of direct evidence of criminal intent. Finding no sufficient ground to deny bail, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the alleged offences?
  • Do the allegations against the petitioner constitute a cognizable criminal offence or a civil dispute?

Legislation cited

  • B.N.S. — s. 318(4), 319(2), 336(3), 340(2), 3(5)
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • fraud
  • contractor
  • civil dispute
  • criminal procedure
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85547 of 2025
                   Arising Out of PS. Case No.-292 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
                 PINTU KUMAR S/O RAJ NARAYAN SINGH R/O VILL.- KON
                 BAJITPUR, P.S.- SAMASTIPUR MUFFASIL, DIST.-SAMASTIPUR AT
                 PRESENT R/O VILL. AND P.S.- KARPURIGRAM, DIST.- SAMASTIPUR

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    THE STATE OF BIHAR
           2.    Dr. Pawan Kumar Singh Son of Basant Kumar Singh In charge Principal
                 B.Ed. College, Near Azad Chowk, Amirganj, Dharampur, Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Brajesh Kumar Singh, Advocate
                 For the State           :       Mr. Umesh Lal Verma, APP
                 For the Informant       :       Mr. Dinesh Maharaj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   28-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant/Opposite

                   Party No. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 319(2),

                   318(4), 336(3), 340(2) and 3(5) of the B.N.S..

                                3. The allegations, as per the F.I.R., is that the work of

                   filling of soil in the campus of Government Teacher’s Training

                   College (B.Ed. College) was allotted to empaneled contractor,

                   namely Pintu Kumar, S/o Arum Kumar Rai. After allotment of
Patna High Court CR. MISC. No.85547 of 2025(5) dt.28-04-2026
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          work, contractor Pintu Kumar introduced one Sujit Kumar @

          Chintu Kumar as his partner and assured that the work will be

          completed by him. After completion of work, payment was

          made by the college on the basis of bill submitted. It is alleged

          that later on, it came to light that after completion of work that

          co-accused Sujit Kumar @ Chintu Kumar wrongly got the

          payment of bill in the account of this petitioner i.e. Pintu Kumar,

          S/o Raj Narayan Singh, who happens to be his brother, by

          committing fraud with the college authorities.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. It is not in dispute that petitioner is a

          contractor and was awarded two soil filling works vide Tender

          Invitation Nos. 04 and 05 dated 06.07.2024 by the Government

          Teacher’s Training College (B.Ed. College), Azad Chowk,

          Dharmpur, Samastipur for a total sanctioned amount of

          approximated Rs. 20,54,000/-. The work orders were issued

          vide Memo Nos. 664 and 668 dated 27.07.2024 and 29.07.2024

          respectively. From bare perusal of the work order issued vide

          Memo No. 668 dated 29.07.2024 it would be apparent that the

          same was allotted in the name of M/s Pintu Kumar, Resident of

          A.T. + P.O.- Bajitpur, Samastipur, i.e. this petitioner. It is not in
Patna High Court CR. MISC. No.85547 of 2025(5) dt.28-04-2026
                                            3/4




          dispute that the petitioner duly completed the allotted work to

          the satisfaction of the college authorities and thereafter, full

          sanctioned payment was released in favour of this petitioner on

          13.12.2024 and 27.12.2024. It is further submitted that after

          long gap of more than six months, the present F.I.R. has been

          lodged on 04.07.2025 and there is no plausible explanation for

          the inordinate delay. Even as per F.I.R., specific accusation of

          diverting the payment is against co-accused Sujit Kumar @

          Chintu. Moreover, the dispute is purely civil in nature and none

          of the acts, allegedly committed by this petitioner, would give

          rise to any criminal liability. Petitioner claims clean antecedents.

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

          the informant/Opposite Party No. 2 have vehemently opposed

          the prayer for grant of anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, materials

          available on record and clean antecedents of the petitioner, the

          prayer for grant of anticipatory bail to the petitioner is allowed.

                       7. Accordingly, in the event of arrest/surrender 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
             Patna High Court CR. MISC. No.85547 of 2025(5) dt.28-04-2026
                                                         4/4




                       each to the satisfaction of learned Sub Judge V-cum-Additional

                       Chief Judicial Magistrate-II, Samastipur in connection with

                       Samastipur Muffasil P.S. Case No. 292 of 2025, subject to

                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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