Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 316(2), 318(4), 338, 336(3) and 61(2) of the Bihar Negotiable Instruments Act, 2023, based on allegations by an informant that a relative, Indu Bhushan, misappropriated funds and credited part of the amount to the petitioner's bank account. The petitioner contended that he had a clean record and was not involved in the alleged fraud, asserting that the real culpable party was Indu Bhushan, who had already been granted anticipatory bail with conditions. The State opposed the petitioner's bail, but could not refute the claim that the petitioner was merely a recipient of the funds without knowledge. The court examined the submissions and, relying on Section 482(2) of the Bihar Criminal Procedure Code, held that the petitioner was entitled to anticipatory bail subject to standard bond and surety conditions. Consequently, the court ordered that the anticipatory bail application be allowed.
Issues considered
- Whether the petitioner, Nitish Kumar, is liable to be arrested in connection with the offences alleged under Sections 316(2), 318(4), 338, 336(3) and 61(2) of the Bihar Negotiable Instruments Act, 2023.
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bihar Criminal Procedure Code despite the pending FIR.
Subjects
- anticipatory bail
- misappropriation of funds
- fraud
- Bihar Negotiable Instruments Act
- Criminal Procedure Code
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9802 of 2026
Arising Out of PS. Case No.-460 Year-2025 Thana- RAJIVNAGAR District- Patna
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Nitish Kumar S/o- Ramanand Yadav R/v- Sabal Bigna Rasalpur Ps- Noorsarai
Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
For the Informant : Mr. Ashok Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 1. Heard learned counsel for the petitioner, Mr.
Bimlesh Kumar Pandey, learned A.P.P. for the State and the
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 316(2),
318(4), 338, 336(3) and 61(2) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he along with his wife are Directors of Satyadeo
multi specialty hospital at Patna, further Indu Bhushan was
appointed as Manager in the year 2020 for maintaining daily
accounting of the hospital and his primary responsibility was to
clear the dues of the Pharma company, further informant got an
Patna High Court CR. MISC. No.9802 of 2026(2) dt.30-03-2026
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information from the Pharma company that their bill has not
been cleared, thereafter it came to his notice that in the last one
year by way of cheque an amount of Rs. 14,35,581/- instead of
being sent to the Pharma company was credited by Indu
Bhushan in the account of his relative i.e. petitioner and Ajay
and the accused have utilized the money for their personal
gains, next alleges that further inquiry is being conducted of the
account for the last five years and chances are that
misappropriation of money shall increase, further Indu Bhushan
is working presently in an under construction of CM hospital at
Raza Bazar as a part time staff and has been assigned the work
to establish official e-mail of the hospital, but Indu Bhushan
added his e-mail Id as e-mail Id of the hospital on account of
which information with regard to the hospital including data of
the Ayushman Bharat Scheme, CGHS and other accounting of
the bank has been wrongly shared.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is next submitted that from
perusal of the allegation as alleged in the FIR, it would manifest
that thrust of the allegation is against Indu Bhushan. It is further
submitted that petitioner being related to Indu Bhushan came to
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be implicated in the instant case with an allegation that Indu
Bhushan credited some of the amount of the misappropriated
money in the account of the petitioner. It is next submitted that
had the petitioner been aware of the fact that his relative is
crediting the money which has been misappropriated by him
whether he would have allowed Indu Bhushan to credit the said
amount in his account. It is next submitted that Indu Bhushan
has moved this Court seeking anticipatory bail by filing
Criminal Miscellaneous No. 9984 of 2026 and the same came to
be allowed by an order dated 26.02.2026 passed by a learned
Co-ordinate Bench with certain conditions. It is further
submitted that the issue has been compromised in between Indu
Bhushan and the informant and Indu Bhushan has agreed to
return the amount and he has already returned an amount of Rs.
9 Lakhs out of rupees fourteen lakhs and odd and his
anticipatory bail is conditional and if Indu Bhushan will breach
the terms of the order dated 26.02.2026 in Criminal
Miscellaneous No. 9984 of 2026, he will suffer the
consequence, but then petitioner being his relative had
absolutely no role to play in misappropriation of any amount of
the informant.
5. Learned A.P.P. for the State as well as the learned
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counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioner, but then are not in
a position to rebut the submission of the learned counsel
appearing on behalf of the petitioner that Indu Bhushan has been
granted the privilege of anticipatory bail with certain conditions.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Rajiv Nagar P.S. Case No. 460 of 2025 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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