Patna High Court
Shambhu Nath GhoshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
Shambhu Nath Ghosh, a retired branch manager of Vijaya Bank, faced a complaint (Case No. 250C/2023) alleging offences under Sections 420 and 467 of the IPC for allegedly taking signatures for a bank loan, failing to disburse the loan and not returning land documents, which led to a notice from the Debt Relief Tribunal. Ghosh contended that he was falsely implicated, claiming he was made a guarantor without his knowledge and that the loan, disbursed in 2013, only became non‑performing in 2023, after which a guarantor filed the complaint. He applied for anticipatory bail, while the State opposed the relief. The court examined the allegations, the petitioner’s clean antecedent, and the procedural context, and found no sufficient ground to deny bail. Accordingly, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to appear before the lower court within four weeks, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations under Sections 420 and 467 IPC.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420, 467
Subjects
- anticipatory bail
- IPC 420
- IPC 467
- bank loan fraud
- guarantor dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45338 of 2025
Arising Out of PS. Case No.-250 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Shambhu Nath Ghosh S/o Kaali Bhushan Ghosh Resident of Champanagar,
P.O.- Sujapur, P.S.- Champanagar, Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Navin Kumar Singh S/o Late Rajendra Singh R/o vill - Pachamba, P.S. -
Mufassil, Distt.- Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the State : Mr.Shyam Kumar Singh, APP
For the Bank of Baroda : Mr. Vivek Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner, learned
counsel for the Bank and learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 250C of 2023 registered
for the offence under Sections 420, 467 of the I.P.C.
3. As per the prosecution case, complainant
approached the petitioner for a bank loan and submitted land
documents. The petitioner took his signatures on various forms
on multiple occasions, but ultimately neither provided the loan
not returned the documents and the complainant later received a
notice from the Debt Relief Tribunal.
4. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.45338 of 2025(4) dt.19-02-2026
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the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that petitioner
was the Branch Manager of Vijaya Bank where the complainant
was guarantor in a loan account and he has filed this case saying
that without his knowledge he was made the guarantor. Learned
counsel further submits that petitioner has now retired. It is
lastly submitted that the loan was disbursed in the year 2013 and
the loan became N.P.A. in the year 2023, thereafter this false
complaint case was filed by one of the guarantors. Petitioner has
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 J.M.F.C.-
cum-Addl. Munsif-III, Begusarai/ concerned Court below in
connection with Complaint Case No. 250c of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Patna High Court CR. MISC. No.45338 of 2025(4) dt.19-02-2026
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Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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