Patna High Court
Vivekanand SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
Vivekanand Sharma, a postmaster, applied for anticipatory bail in a case (Bidupur PS No.88 of 2020) alleging offences under IPC sections 409, 406, 420, 467, 468, 120B, 471 and 34, where co‑accused allegedly used his ID to fraudulently transfer Rs.18.42 lakh. Sharma contended he was falsely implicated, that the co‑accused had repaid the defrauded amount and that the department suffered no loss. The State opposed the bail on the ground of a six‑year delay in filing the application. The Court examined the investigation material, the supplementary affidavit, and a departmental letter confirming no further recovery was required. Finding that the petitioner was not financially responsible and that the recovered amount negated any loss, the Court granted anticipatory bail, subject to a Rs.10,000 bond and two sureties, to be executed within four weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail can be granted despite the serious nature of the offences alleged under the IPC.
- Whether the six‑year delay in seeking anticipatory bail defeats the relief.
- Whether the repayment of the defrauded amount and absence of loss justify granting bail.
Legislation cited
- Indian Penal Code — s. 120B, 34, 406, 409, 420, 467, 468, 471
Subjects
- anticipatory bail
- false implication
- fraud
- IPC sections
- departmental enquiry
- post office
- delay in bail application
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11035 of 2026
Arising Out of PS. Case No.-88 Year-2020 Thana- BIDUPUR District- Vaishali
======================================================
Vivekanand Sharma S/o- Late Anup Lal Sharma Resident of Jyoti Academy
Rambhadra Near Durga Asthan Hajipur PS- Hajipur Sadar, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 13-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Bidupur P.S. Case no.88 of 2020, registered under sections
409, 406, 420, 467, 468, 120B, 471 and 34 of Indian Penal
Code.
3. As per the prosecution case, on information having
been received about some defalcation, a departmental enquiry
was conducted wherein it transpired that duplicate saving
account had been opened fraudulently and a total sum of Rs.
18,42,811/- was transferred by the accused persons mainly
Durgesh Kumar Singh, Sub-Postmaster. It further transpires that
in the transfer, the password/Id of a supervisor ie the petitioner
herein was used by the said Durgesh Kumar Singh.
Patna High Court CR. MISC. No.11035 of 2026(4) dt.13-05-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case only for the
reason that the petitioner happened to be the postmaster at the
relevant time and using his Id, a total sum of Rs.10,47,000/- had
been defalcated by way of transfer by the other co-accused
persons. Referring to the contents of the supplementary affidavit
filed on behalf of the petitioner and the letter dated 7.11.2025
(Annexure-P/2) of the Assistant Post Superintendent cum Public
Information Officer, East Division, Hajipur of the Department
of Posts, India, it is submitted that the total amount of Rs.
18,61,411/- has been deposited by the co-accused while in the
departmental proceeding started against the petitioner, the same
ended with the petitioner depositing the balance amount of
Rs.18,600/-. It is thus submitted that neither the petitioner is in
anyway responsible for the said defalcation nor in the end any
financial loss has been suffered by the department. The
petitioner undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State who submits that in a case of the
year 2020, the petitioner has moved for anticipatory bail six
years later.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.11035 of 2026(4) dt.13-05-2026
3/3
taking into consideration the nature of allegation against the
petitioner in the F.I.R., the material that has transpired in course
of investigation and especially the contents of the
supplementary affidavit according to which the total defalcated
amount is said to have been deposited together with the said
letter dated 7.11.2025 (Annexure-P/2) of the Department of
Posts stating that no further amount remains recoverable from
any person, in the facts and circumstances of the case, it is
directed that the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Bidupur P.S. Case no.88 of 2020 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-III, Vaishali at Hajipur.
(Partha Sarthy, J)
Shiv/-
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