Patna High Court
Vinod Kumar Gupta @ Binod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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