Kamleshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4922 of 2026 Arising Out of PS. Case No.-229 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== Kamleshwar Singh S/o Bisheshwar Singh, C/o Arvind Upadhyay Resident of - South Chandmari Road, Budh Nagar, Road No. 3, P.S - Kankarbagh, District - Patna, Pin - 800020 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tanveer Ahmad S/o Jakiuddin R/o Mohalla - Sajjad Nagar, P.S - Phulwari Sharif, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jibendra Mishra, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-07-2026 Heard the parties.

2. The petitioner is apprehending arrest in connection with Pirbahore P.S. Case No. 229 of 2021 instituted under Section 406, 420, 467, 468, and 447 of the Indian Penal Code lodged on 15.06.2021 by the informant, Tanveer Ahmed.

3. As per the prosecution story, the office bearer of the Bihar Awami Cooperative Bank Limited, Patna lodged complaint against petitioner and 141 other donee alleging commission of offences/siphoning of the amount. This led to the FIR.

4. Learned counsel for the petitioner submits that he accepts to have taken the loan but due to economic condition,

2/4 could not return in time which has resulted into his implication. The amount against him is Rs.7,03,487/- of which he cleared Rs.84,000/- in the year 2013 (Annexure -P/2 to the writ petition) and the rest amount of Rs.6,19,487/- may be allowed to be paid in three installment inasmuch as:

(i) Rs.2,19,087/- at the time of execution of bail bonds;

(ii) Rs.2,00,000/- by 10th of September, 2026;

(iii) Rs.2,00,000/- by 10th of December, 2026;

(iv) Failure to pay the entire Rs.6,19,487/-, the opposite party shall be free to take steps for cancellation of bail bonds.

5. In this case, the informant earlier appeared and matter also went to the Mediation Center, failed. Today on call, there is no representation.

6. Learned APP though opposes the prayer submitting that when the payment is being made, FIR is already there, an appropriate order can be passed.

7. Considering the submissions of the parties as also the fair stand taken by the petitioner that he wants to return the

3/4 amount, have no criminal antecedent, in that background, this Court is inclined to extend the privilege of bail subject to payment of the entire amount as recorded above. It is further made clear that accepting the words of the petitioner that he has paid Rs.84,000/- of Rs.7,03,487/- the deduction has been recorded and if the case is otherwise, the O.P.2 will have the right to issue notice/realise the aforesaid amount.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Pirbahore P.S. Case No. 229 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;

4/4 (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/-Ankita U T