Patna High Court

Vishambhar Nath Dubey @ Bisambar Nath PandeyversusThe State of Bihar

Decided: 28 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Vishambhar Nath Dubey, an assistant in PEERS and DE-PEERS Allied Corporation Ltd., was charged under IPC sections 420, 406, 468/34 and Section 3 of the Bihar Protection of Interest of Depositors Act for alleged cheating of depositors. The petitioner argued that he merely collected money and had no role in the fraud, presenting his salary slip and noting that the company’s MD, Durga Prasad Dubey, had already been granted provisional bail. The State opposed the bail, contending the seriousness of the offences. The court examined the petitioner’s limited involvement and the precedent of provisional bail to the MD, and decided to grant regular bail on condition of a Rs.10,000 bond with two sureties. The order released the petitioner on bail pending further trial.

Issues considered

Whether the petitioner, an assistant with limited involvement, is entitled to regular bail despite charges under IPC sections 420, 406, 468/34 and the Bihar Protection of Interest of Depositors Act.
Whether the grant of provisional bail to the company’s MD influences the bail decision for the petitioner.

Legislation cited

Indian Penal Code — s. 34, 406, 420, 468

Subjects

bail
IPC 420
IPC 406
IPC 468
Bihar Protection of Interest of Depositors Act
financial fraud
depositors
provisional bail
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91835 of 2025
                 Arising Out of PS. Case No.-530 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua)
                 ======================================================
                 Vishambhar Nath Dubey @ Bisambar Nath Pandey S/o Late Awadhesh
                 Dubey @ Awadhesh Kumar Dubey Resident of Village - Bhesua, Post -
                 Khajuri, P.S - Harpur Budhat, District - Gorakhpur, State - Uttar Pradesh

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 420, 406 &

                   468/34 of the Indian Penal Code and under Section 3 of the

                   Bihar Protection of Interest of Depositors Act.

                                3.    The case of the prosecution, in short, is that

                   PEERS and DE-PEERS Allied Corporation Limited has taken

                   deposits from the customers but they have closed their local

                   branch and are not providing the cash deposited by the

                   investors.

                                4. Learned counsel for the petitioner has submitted

                   from perusal of the FIR it is clear that one Durga Prasad Dubey
Patna High Court CR. MISC. No.91835 of 2025(2) dt.28-01-2026
                                            2/3




          is the M.D. of that company. As far as this petitioner is

          concerned, he is assistant in that company and it has also been

          submitted that Annexure-P/2 is the salary slip of the petitioner

          who is an employee and his salary is Rs.7,500/- per month. It

          has further been submitted that there is no role of this petitioner

          in cheating any of the investors. His work was only to collect

          the money and deposit in the company. Learned counsel for the

          petitioner has further submitted that learned Co-ordinate Bench

          has granted provisional bail to the M.D. of the company,

          namely, Durga Prasad Dubey vide Cr. Misc. No. 78792 of 2025

          as he has assured to pay the money and in that case, SEBI has

          also been made party. Learned counsel for the petitioner has

          further submitted that the grievance of the informant and others

          is not against this petitioner, rather it is against the M.D. of the

          company who has been granted provisional bail by the learned

          Co-ordinate Bench.

                       5. Learned Additional Prosecutor for the State has

          vehemently opposed the bail application of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Mohaniya P.S. Case No. 530 of 2021 on
            Patna High Court CR. MISC. No.91835 of 2025(2) dt.28-01-2026
                                                        3/3




                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Patna.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…