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2026 DAILYLAW 42737 (PAT)

Rajesh Kumar Sinha v. The State of Bihar

CR. MISC./85182/2025 · 2026-02-02

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85182 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- TARABARI District- Araria ====================================================== Rajesh Kumar Sinha son of Bhuvneshwar Prasad @ Bhuvneshwar Prasad Sinha Resident of Dhaneshwari , Ward No.-10, P.S. -BHARGAMA DIST. ARARIA P/A- Resident of Sri Bhagwate Namah Data Dharmraj Asthan Mehta Tola, Madhubani, P.S.-Madhubani, Dist- Purnia ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Kumar Praveen, Advocate For the State : Mr. Suman Kumari Singh, APP For the Informant : Mr. Ramesh Kumar Singh, Advocate Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 02-02-2026 Heard learned Senior counsel for the petitioner, learned APP for the State and learned counsel for the Informant. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 316(2), 316(4), 316(5), 318(4) and 3(5) of the BNS. 3. The case of the prosecution, in short, is that the petitioner who was working as accountant at petrol pump of informant. He along with one Nikesh Kumar Verma has defalcated altogether Rs.26,15,000/- by not depositing the cash of different dates. 4. Learned counsel for the petitioner has submitted that on 20.08.2025, wife of the petitioner received a phone call by Patna High Court CR. MISC. No.85182 of 2025(3) dt.02-02-2026 2/3 which she was informed about the proceeds and when she came at the brick kiln of the informant, she found her husband tied with chair and found several injuries on his hand. When she raised objection then she was abused by the informant and his yes men. It is further alleged that on 21.08.2025, the wife of the petitioner filed an application before S.P., Araria stating all the facts about the application that it was given to the Officer in-charge of Tarabari P.S. and wife of the petitioner was directed to send her application on his whatsapp number but no action was taken by him on the application of the petitioner’s wife. 5. The case of the petitioner is that defalcation of money by the petitioner was in between 23.09.2024 to 19.04.2025 but final calculation of money was done on 16.08.2025 in which defalcated money was Rs.26,15,000/- and both accused persons had accepted their guilt and have promised to deposit the defalcated money by 23.08.2025 is a false story. 6. Learned counsel for the petitioner has submitted that FIR has been filed at belated stage without any explanation. 7. Learned counsel for the informant has vehemently opposed the bail and has submitted that from perusal of the FIR and from perusal of the case diary it is clear that the petitioner has defalcated the sum as alleged in the FIR. Not only this, he has admitted before police and has also given his kaboolnama which is Patna High Court CR. MISC. No.85182 of 2025(3) dt.02-02-2026 3/3 in his signature. 8. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage, however, he may renew his prayer for bail after six months if the trial is not concluded. durgesh/- (Ashok Kumar Pandey, J) U T