Sishir Kumar @ Shishir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26348 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- RUPAULI District- Purnia ====================================================== Sishir Kumar @ Shishir Kumar S/o Late Ravishankar Mandal @ Late Ravi Shankar Mandal Resident of Bikhanpur Gumti No. 02, P.S.- Ishakchak, District- Bhagalpur Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2026 Heard Mr. Md Fazle Karim, learned counsel for the petitioner as well as Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 19.01.2026 in connection with Rupauli P.S. Case No. 04/2026, F.I.R. dated 18.01.2026 for the offences punishable under Sections 338, 336(3), 340(2), 316(4) and 318(4) of the Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, the petitioner and the co-accused persons have fraudulently withdraw Rs. 24,27,840/- (Rupees Twenty Four lakhs Twenty Seven Thousand Eight Hundred Forty) and out of the aforesaid amount Rs. 6,98,140/- ( Rupees Six Lakh Ninety Eight Thousand One

2/4 Hundred Forty) was transferred in the bank account of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. Learned counsel for the petitioner submits that out of Rs. 24,27,840/- (Rupees Twenty Four lakhs Twenty Seven Thousand Eight Hundred Forty) the petitioner is ready to return Rs. 6,98,140/- ( Rupees Six Lakh Ninety Eight Thousand One Hundred Forty) in the bank account of the Circle Officer, Rupauli, Purnea. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 19.01.2026.

5. The learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Rupauli P.S. Case No. 04/2026, subject to the following conditions:-

3/4 i. Petitioner is directed to produce a demand draft of Rs. 6,98,140/- (Rupees Six Lakh Ninety Eight Thousand One Hundred Forty) in favour of Circle Officer, Rupauli, Purnea and produce the same at the time of furnishing bail bond and learned Court below is directed to hand over the same to the Circle Officer, Rupauli, Purnea or his representative at the time of furnishing bail bond. If the petitioner fails to deposit the amount of Rs. 6,98,140/- (Rupees Six Lakh Ninety Eight Thousand One Hundred Forty) the Court below shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iv. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) atul/- U T