Created by Fuzzy Cloud

Patna High Court

Vinod Kumar Gupta @ Binod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2).

Summary

The petitioner, Vinod Kumar Gupta, sought anticipatory bail after being implicated in a case alleging fraud involving a shortfall of Rs. 1,36,400 at a bank branch. He argued that the informant, a bank customer service assistant, falsely implicated him and that the bank’s routine practice of retaining cheques and withdrawal slips could explain the discrepancy. He also highlighted the unexplained delay between the bank inspection on 04‑11‑2024 and the FIR filed on 12‑09‑2025, and cited a prior anticipatory bail order granted to the branch manager. The State opposed the bail, contending the seriousness of the offences under Sections 316(2), 316(5), 318(4) and 3(5) of the Bihar Negotiable Instruments Act, 2023. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the applicable statute. The order allowed the petitioner to be released on bail if arrested within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged offences under Sections 316(2), 316(5), 318(4) and 3(5) of the Bihar Negotiable Instruments Act, 2023.
  • Whether the delay in filing the FIR and the claim of false implication affect the grant of anticipatory bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Subjects

  • anticipatory bail
  • bank fraud
  • Bihar Negotiable Instruments Act
  • Section 316
  • Section 318
  • delay in FIR
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14426 of 2026
                      Arising Out of PS. Case No.-277 Year-2025 Thana- CHOUTARWA District- West
                                                       Champaran
                 ======================================================
                 Vinod Kumar Gupta @ Binod Kumar S/o Late Dwarika Prasad R/o Ward No
                 05 Moap Kalan, P.O- Moap Kalan, Khurd, PS- Tarari, Distt- Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   316(5), 318(4) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that on 04.11.2024, Parsauni branch of Central Bank of India

                   was inspected by him where Chunmun Shukla was posted as

                   Branch Manager and during the physical inquiry of cash register

                   and cash amount, an amount of Rs. 1,36,400/- was found short

                   and for the said amount, cheque and withdrawal form of the

                   customers were kept in the cash counter, hence the FIR was
Patna High Court CR. MISC. No.14426 of 2026(2) dt.31-03-2026
                                            2/3




          instituted.

                        4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant being Customer Service Assistant in the bank. It is

          also submitted that there is a general practice in the bank that

          sometimes due to failure of the link of computer or some other

          mechanical difficulty, the bank pay the cash to customer by

          keeping the cheque/withdrawal slip of the customer, the said

          practice is resorted to only to gain the faith of the customer and

          to avoid gathering in the bank, moreover, the FIR itself suggests

          that cheque and withdrawal form of the same amount i.e. Rs.

          1,36,400/- were found at the cash counter. It is further submitted

          that the date of inspection of the bank was 04.11.2024 and the

          FIR came to be instituted on 12.09.2025 without explaining the

          delay. It is further submitted that petitioner has been suspended.

          It is further submitted that Chunmun Shukla had approached

          this Court seeking anticipatory bail by filing Criminal

          Miscellaneous No. 5931 of 2026 and the same came to be

          allowed by an order dated 04.02.2026 by a learned Co-ordinate

          Bench.

                        5. Learned      A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner.
            Patna High Court CR. MISC. No.14426 of 2026(2) dt.31-03-2026
                                                        3/3




                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the

                      event of his arrest or surrender within a period of six weeks

                      from today, be released on anticipatory bail on furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

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

                      court where the case is pending/successor court in connection

                      with Choutarwa P.S. Case No. 277 of 2025                  subject to the

                      conditions as laid down under Section 482 (2) of BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.