Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed.
Summary
The petitioner, Chandan Kumar, applied for bail in a case registered under Sections 406, 420, 421, 422 and 120B/34 of the Indian Penal Code, alleging forgery and misappropriation of public money. The prosecution alleged that he obtained a Rs 33 lakh loan from the Central Bank of India by mortgaging land, failed to repay, and sold the mortgaged property, thereby cheating the bank. The petitioner claimed the sale proceeds were intended to repay the loan, but the cheque from the purchaser could not be encashed. The bank contended that the petitioner’s intention from the outset was to avoid repayment and that he had already sold the mortgaged property. Considering the seriousness of the alleged economic offence and the large public amount involved, the court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused charged with offences under Sections 406, 420, 421, 422 and 120B/34 of the IPC involving alleged fraud and misappropriation of public money.
Legislation cited
- Indian Penal Code — s. 120B, 34, 406, 420, 421, 422
Subjects
- bail
- economic offence
- fraud
- forgery
- misappropriation of public money
- loan default
- Indian Penal Code
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91805 of 2025
Arising Out of PS. Case No.-143 Year-2022 Thana- JAMALPUR District- Munger
======================================================
Chandan Kumar S/O Late Ramotar Paswan Resident of Village- Nayagaon
Durgasthan, Ward No. 6, P. S- East Colony, Jamalpur, District- Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Branch Manager of the Central Bank of India, Station Road, Jamalpur,
P. S- Jamalpur District- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Ambastha, Advocate
For the State : Mr.Mohammad Sufyan, APP
For the Bank : Mr. Ajit Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jamalpur P.S. Case No. 143 of 2022 registered for the offence
punishable under Sections 406, 420, 421, 422 and 120B/34 of
the Indian Penal Code.
3. As per the prosecution case, the petitioner has
committed forgery as well as misappropriated public money for
his own benefit.
4. The petitioner, his mother and his sister took a loan
of Rs. 33 lakhs from the Central Bank of India after mortgaging
the land and they have not repaid the loan amount and have sold
Patna High Court CR. MISC. No.91805 of 2025(3) dt.24-03-2026
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the mortgaged property.
5. Learned counsel for the petitioner has tired to make
out a case that the land was sold to repay the Bank but the
cheque issued by the purchaser could not be encashed.
6. Learned counsel for the Bank has submitted that the
petitioner has cheated the Bank and his intention, right from the
very beginning, was not to pay the loan after mortgaging the
property and he has even sold the mortgaged property. It has
further been submitted that the petitioner has got bail on the
submission that he will pay the entire amount within two years.
7. Considering the conduct of the petitioner and the
huge public amount cheated from the Bank, I am not inclined to
grant bail to the petitioner.
8. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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