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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.9802 of 2026(2) dt.30-03-2026
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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
            Patna High Court CR. MISC. No.9802 of 2026(2) dt.30-03-2026
                                                        4/4




                      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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