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Patna High Court

Suraj Kumar @ Suraj AnandversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court grants anticipatory bail to the petitioner subject to surrender within six weeks and compliance with bail bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

Suraj Kumar, a former employee of a nursing home in Madhepura, was implicated in a FIR alleging misappropriation of Rs. 40 lakh during his service from 2019 to 2024, under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner sought anticipatory bail, asserting innocence, lack of material linking him to the alleged fraud, the five‑year delay in filing the FIR, and absence of any recovery from his residence. The State opposed the bail application. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail provided he surrenders within six weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with conditions under Section 482(2) of the B.N.S.S. The order reflects the Court’s view that the allegations do not justify denial of bail and that procedural safeguards must be observed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita.
  • Whether the FIR and the material on record justify denial of bail.
  • Applicability of Section 482(2) of the Bharatiya Nyaya Sanhita in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • misappropriation
  • fraud
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14321 of 2026
                   Arising Out of PS. Case No.-453 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Suraj Kumar @ Suraj Anand, Son of Munchun Yadav @ Yogendra Yadav, R/o
                 Village - Tulsiya, Ward no. 03, P.S. - Bihariganj, Dist. - Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Birendra Kumar, S/o Hazari Prasad Mandal, Resident of Village Bhadaul
                 Ward No 06 P.S. Madhepura Dist Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Uday Chand Prasad, Adv.
                                                 Mr. Manoj Kumar, Adv.
                                                 Mr. Pooja Prasad, Adv.
                                                 Mr. Rishi Sinha, Adv.
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1, APP
                 For the O.P. No. 2       :      None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   06-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Earlier notices were issued to opposite party no. 2

                   which has validly been served upon him, but there is no

                   representation on behalf of opposite party no. 2.

                                 3. The petitioner apprehends arrest in connection with

                   Madhepura P.S. Case No. 453 of 2025 dated 11.04.2025,

                   registered for the offence punishable under Sections 316(2),

                   318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                 4. The prosecution case, in short, is that the informant

                   runs a Nursing Home at Madhepura in which the petitioner was
Patna High Court CR. MISC. No.14321 of 2026(3) dt.06-05-2026
                                            2/3




          an employee. The petitioner is alleged to have misappropriated

          Rs. 40 lakhs from the alleged hospital during his service period

          since 01.01.2019 to 20.10.2024 as detected after verification of

          the transactions of the accounts of the Nursing Home.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. It is submitted that the present case has been lodged for

          defalcation of money of Rs. 40 lakhs during his service period

          since 01.01.2019 to 20.10.2024. It is submitted that the present

          F.I.R. has been lodged after 5 years of the said mis-

          appropriation of 40 lakhs. There is no material in the case diary

          to connect the petitioner to such defalcation. It is also submitted

          that the petitioner was an employee of the said nursing home

          and nothing has been recovered from the house of the petitioner

          to connect him with the said defalcation. The allegation against

          the petitioner is totally false and frivolous. It is further

          submitted that no audit report has been annexed with the F.I.R.

          to show that any amount of that period is mis-appropriated by

          the petitioner. Lastly, it has been submitted that he has no

          criminal antecedent.

                       6. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.
            Patna High Court CR. MISC. No.14321 of 2026(3) dt.06-05-2026
                                                        3/3




                                   7. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, in

                      the event of arrest / surrender of the petitioner within a period of

                      six weeks from today, in connection with Madhepura P.S. Case

                      No. 453 of 2025, he shall be released on anticipatory bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      C.J.M., Madhepura, subject to condition as laid down under

                      Section 482(2) of B.N.S.S..



                                                   (Khatim Reza, J)
prabhat/-

U       T


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