Patna High Court
PINTU KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
2/4
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
Checking your session…