Patna High Court
Navin Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to a Rs.10,000 bail bond, two sureties and verification of full deposit of the alleged defalcated amount.
Summary
Navin Kumar Mehta and Rinku Paswan were charged under sections 316(2), 316(5) and 318(3) of the Bihar Negotiable Instruments Act, 2023 for allegedly defalcating Rs.31,52,188.50. The petitioners submitted annexures and a certificate from the Bihar State Cooperative Bank indicating that the entire amount had been deposited. The High Court examined the submissions and, applying the provisions of Section 438(2) of the Code of Criminal Procedure, allowed the anticipatory bail applications. The court ordered that each petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to verification that the full amount has indeed been deposited before the bail bonds are accepted. The order is conditional on the petitioners surrendering within six weeks and complying with the verification requirement.
Issues considered
- Whether anticipatory bail should be granted to the accused under sections 316(2), 316(5) and 318(3) of the Bihar Negotiable Instruments Act, 2023.
- Whether the submission of a bank certificate showing full restitution suffices to justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- defalcation
- Section 316
- Section 318
- bail bond
- verification of deposit
- cooperative bank
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88900 of 2025
Arising Out of PS. Case No.-399 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Navin Kumar Mehta S/O Vijay Kumar Mehta R/O Village- Patahi, Ward No.
10, P.O and P.S- Bihariganj, Dist.- Madhepura. At present PACS president,
Mohanpur Block, Bihariganj, Distt.- Madhepura.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 89182 of 2025
Arising Out of PS. Case No.-399 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Rinku Paswan S/O Rajendra Paswan R/O Vill.- Mohanpur, Choumuki, Ward
No. 12, P.O. And P.S.- Bihariganj, District- Madhepura
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88900 of 2025)
For the Petitioner : Mr. Pooja Prasad, Advocate
For the Opposite Party : Mr. Rajendra Nath Jha, APP
(In CRIMINAL MISCELLANEOUS No. 89182 of 2025)
For the Petitioner : Mr. Pooja Prasad, APP
For the Opposite Party : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the parties.
2. These applications for anticipatory bail arises
out of Bihariganj P.S. Case No.399 of 2025 for the offence
punishable under sections 316(2), 316(5), 318(3) of the B.N.S.,
2023.
3. The petitioners are accused of defalcating
Rs.31,52,188.50/-.
4. Relying on Annexures- 2 and 3, it has been
submitted by learned counsel for the petitioners that the entire
alleged defalcated amount has been deposited by the petitioners
Patna High Court CR. MISC. No.88900 of 2025(3) dt.26-02-2026
2/2
and in this regard, a certificate has also been issued by the
Branch Manager of the Bihar State Cooperative Bank Limited,
Madhepura Branch.
5. Considering the aforesaid facts, these
anticipatory bail applications are allowed.
6. Let the petitioners, above named, in the
event of their arrest/surrender within six weeks from today in
the Court below, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the concerned Court below, in
connection with Bihariganj P.S. Case No.399 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
7. At the time of accepting the bail bonds of the
petitioners, the Court below shall verify from the informant that
whether the entire alleged defalcated amount has been deposited
by the petitioners or not. The bail bonds of the petitioners shall
only be accepted if it is found that they have deposited the entire
defalcated amount.
(Sandeep Kumar, J)
pawan/-
U T
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