Patna High Court
Rohit Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to the conditions of Section 482(2) of the Banking and Financial Services Act, 2023.
Summary
The petitioner, Rohit Kumar Sharma, sought anticipatory bail fearing arrest in a case registered under Sections 316(2), 316(5), 318(4) and 3(5) of the Banking and Financial Services Act, 2023, relating to a cash shortage of Rs. 1,36,400 at a bank branch. He alleged that the informant, an Assistant Manager, falsely implicated him and that the bank’s routine practice of retaining cheques and withdrawal slips could explain the shortage. He also highlighted the unexplained delay between the branch inspection on 04‑11‑2024 and the FIR filed on 12‑09‑2025, and noted that his suspension had been revoked. The State opposed the bail, but the Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Act. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 316(2), 316(5), 318(4) and 3(5) of the Banking and Financial Services Act, 2023.
- Whether the petitioner is likely to be falsely implicated and thus merits anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the Act are applicable.
Subjects
- anticipatory bail
- false implication
- banking fraud
- Section 482
- criminal procedure
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14445 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
Rohit Kumar Sharma S/o Rahul Sharma Resident of Vill- Sheikh Dhurwa,
P.S.- Manuapool, Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Central Bank of India through its Regional Manager, Motihari Range,
Regional Office, Motihari Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
For the Bank : Mr. Ajit Kumar Sinha, Advocate
Ms. Zeba Akhtar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the Bank.
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
Patna High Court CR. MISC. No.14445 of 2026(2) dt.31-03-2026
2/3
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
instituted.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant being Assistant Manager of 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 was suspended, but
subsequently his suspension was revoked. 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
Patna High Court CR. MISC. No.14445 of 2026(2) dt.31-03-2026
3/3
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.
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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