Patna High Court
CR. MISC./14464/2026 of Amit Kumar Debey @ Dablu Dubey Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14464 of 2026 Arising Out of PS. Case No.-147 Year-2016 Thana- NAUTAN District- Siwan ====================================================== Amit Kumar Debey @ Dablu Dubey Son of Gyanshanker Dubey R/o Village - Shahpur, Mishrauli, P.S. -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14464 of 2026
Arising Out of PS. Case No.-147 Year-2016 Thana- NAUTAN District- Siwan ======================================================
Amit Kumar Debey @ Dablu Dubey Son of Gyanshanker Dubey R/o Village
- Shahpur, Mishrauli, P.S. - Nautan, District - Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar
2.
Kushum Devi W/o Bishambhar Dubey Village - Shahpur, P.S. - Nautan District - Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Raghav Prasad, Adv.
For the State
:
Mr. Md. Mushtaque Alam, APP
For the Informant
:
Mr. Gajendra Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
13-08-2026 Heard learned Advocate for the petitioner, learned APP for the State as well as learned Advocate for the informant.
2. The petitioner apprehends his arrest in connection with Nautan P.S. Case No.147 of 2016 registered for the offences punishable under Sections 406, 420, 120B, 409, 427, 323, 354 and 506 of the Indian Penal Code.
3. The prosecution alleges that some of the accused persons established Bank in the year 2008, in the name and style of Nawyuvak Vikas (Kanya) Seva Samiti and Nawyuvak Bachat Sakha Swalambi Sahkari Samiti, Sahpur, Mishrauli, wherein the petitioner was appointed as the Manager. It is alleged that, upon persuasion by the petitioner and other co-accused persons, the informant opened an account with the said bank and initially deposited a sum of Rs.35,000/-. Subsequently, further amounts were also deposited. It is alleged that thereafter the bank was closed and all the accused persons, in furtherance of a conspiracy, siphoned off the deposited amount.
4. Learned Advocate for the petitioner, referring to the FIR, submits that there is no specific material to substantiate the allegation as to the manner in which the amount was deposited in the bank or the petitioner had ever persuaded the informant to deposit the said amount. It is further submitted that, even if the allegation is accepted at its face value, the amount in question was deposited by the cashier of the bank, who has already been granted the privilege of anticipatory bail in Cr. Misc. No. 14705 of 2018 vide order dated 19.06.2018. It is further contended that Lallan Gore, who is stated to be the Chairman of the bank, has also been granted similar privilege of anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 24103 of 2017. So far as the petitioner is concerned, it is submitted that, upon completion of investigation, the police, having found no cogent material against him, did not send him up for trial. However, differing from the final report submitted by the investigating agency, the learned jurisdictional Court has taken cognizance of the offences alleged in the FIR. It is submitted that, for the aforesaid reason, some delay has occasioned in approaching this Court. Moreover, the petitioner bears fair antecedent and undertakes that he shall fully cooperate in the proceedings of the Court.
5. Learned Advocate for the State vehemently opposes the prayer for bail.
6. Learned Advocate appearing for the informant, referring to the counter affidavit, submits that there is sufficient material on record to establish that the amount was deposited in the bank. It is further submitted that a certificate in respect of such deposit was duly issued by the bank under the signature of the petitioner, who was the Manager at the relevant time. In support of the aforesaid submission, relevant documents have also been brought on record as Annexures- A, B and C (series) to the counter affidavit.
7. Having considered the submissions advanced on behalf of the respective parties and upon perusal of the materials available on record, this Court takes note of the fact that the Chairman as well as the Cashier of the bank have already been granted the privilege of anticipatory bail, besides the fact that, during the course of investigation, no cogent material was found against the petitioner and, accordingly, he was not sent up for trial, however, differing with the final report submitted by the investigating agency, the learned jurisdictional Court has taken cognizance of the offences alleged in the FIR, as well as the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Siwan in connection with Nautan P.S. Case No.147 of 2016, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
rohit/- (Harish Kumar, J) U T