Allowed¶21

Sanjeev Kumar Paswan v. The State of Bihar

Patna HC15 Nov 2025CR. MISC./44473/2025

Case brief

AI extract

What is this about?

Conditional bail; postal assistant; misappropriation Rs. 10,12,281; deposit Rs. 2,25,781; outstanding Rs. 7,86,500; B.N.S. Sections 316(2), 318(4), 338, 336(3), 340(2); Madhubani Town P.S. Case No. 503 of 2024; FIR 05.11.2024; informant Gaurav Kumar; custody since 12.04.2025; no criminal antecedent; bail bond Rs. 10,000 with two sureties; C.J.M. Madhubani; Superintendent of Post Offices Madhubani Division; Justice Rajiv Roy; Patna High Court; 15-11-2025.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned C.J.M., Madhubani, subject to the four stated conditions. ¶21

Sanjeev Kumar Paswan Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 12.04.2025 in Madhubani Town P.S. Case No. 503 of 2024 (B.N.S. offences) and offering to deposit the outstanding Rs. 7,86,500/-, should be released on bail subject to conditions.

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Court's answer

Bail with conditions granted, taking into account the submissions of the parties, the petitioner's period of custody, his lack of criminal antecedents, and his readiness to deposit Rs. 7,86,500/- in favour of the Superintendent of Post Offices, Madhubani Division, Madhubani.

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Ratio / Principle

Petitioner to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of the learned C.J.M., Madhubani, in connection with Madhubani Town P.S. Case No. 503 of 2024.

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Key takeaways

Condition (ii): the petitioner shall appear before the Trial Court on each and every date; failure to appear on two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself.ratio¶25
Remaining conditions: one bailor must be a family member/relative of the petitioner providing an official document showing bona fides (condition i); the petitioner shall not induce, promise or threaten witnesses or tamper with evidence (condition iii); and he shall desist from committing any criminal offence again, failing which the State may take steps for cancellation of the bail bonds (condition iv).ratio¶26

Detailed headnote1 paragraphs

Bail granted with conditions — Patna High Court (Rajiv Roy, J), oral order dated 15-11-2025 in CRIMINAL MISCELLANEOUS No.44473 of 2025: Sanjeev Kumar Paswan, while serving as postal assistant at Madhubani Court Sub-Post Office, allegedly misappropriated Rs. 10,12,281/- (Madhubani Town P.S. Case No. 503 of 2024, FIR dated 05.11.2024 by informant Gaurav Kumar; offence punishable under Sections 316(2), 318(4), 338, 336(3) and 340(2) of the B.N.S.). Having been in custody since 12.04.2025 with no criminal antecedent, and having undertaken to deposit the outstanding Rs. 7,86,500/- in favour of the Superintendent of Post Offices, Madhubani Division, Madhubani, the petitioner was released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the learned C.J.M., Madhubani, subject to conditions: one bailor to be a family member/relative with official proof of bona fides; appearance before the Trial Court on every date, two consecutive unexplained absences entailing cancellation by the Trial Court itself; no inducement of, or tampering with, witnesses or evidence; and desistance from further offences, failing which the State may seek cancellation of the bail bonds.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44473 of 2025

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Arising Out of PS. Case No.-503 Year-2024 Thana- MADHUBANI TOWN District-

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Madhubani

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======================================================

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Sanjeev Kumar Paswan Son of Shyam Paswan Resident of Vill- Nagwas, P.S.- Arer, Distt.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 15-11-2025

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Heard Mr. Manoj Kumar Pandey, learned counsel for

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the petitioner and Dr. Kumar Uday Pratap, learned APP.

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The petitioner is in custody in connection with Madhubani Town P.S. Case No. 503 of 2024 for the offence punishable under Sections 316(2), 318(4), 338, 336(3) and 340(2) of the B.N.S. lodged on 05.11.2024 by the informant, Gaurav Kumar.

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As per the prosecution story, the petitioner while serving as a postal assistant at Madhubani Court Sub-Post Office misappropriated Rs. 10,12,281/-. Upon information, he deposited Rs. 2,25,781/- but chose to look the other way so far as Rs. 7,86,500/- is concerned, in that background, the FIR.

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Learned counsel for the petitioner at the outset

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Patna High Court CR. MISC. No.44473 of 2025(5) dt.15-11-2025 2/3

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submits that some account difference was there, he got implicated, has remained in custody since 12.04.2025, has no criminal antecedent. Further, to make the record straight, he is ready to deposit Rs. 7,86,500/- in favour of the Superintendent of Post Offices, Madhubani Division, Madhubani.

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Learned APP though opposes the prayer accepts the fact that now when the petitioner is ready to deposit the rest amount, has remained in custody since 12.04.2025, an appropriate order can be passed.

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Taking into account the submission of the parties as also the aforesaid facts including his period of custody and has no criminal antecedent coupled with the fact that he is ready to deposit Rs. 7,86,500/- in favour of the Superintendent of Post Offices, Madhubani Division, Madhubani, in that background, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Madhubani Town P.S. Case No. 503 of 2024 subject to the following conditions:

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(i) one of the bailor should be the family

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Patna High Court CR. MISC. No.44473 of 2025(5) dt.15-11-2025 3/3

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member/relative of the petitioner who shall provide official document to show his/her bona fide;

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(ii) 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;

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(iii) 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;

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(iv) 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.

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(Rajiv Roy, J)

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Adnan/-

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U T

Sanjeev Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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