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Patna High Court

Vivekanand SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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/-

U        T


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