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Patna High Court

Rohit Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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delay between the branch inspection on 04‑11‑2024 and the FIR filed on 12‑09‑2025, and noted that his suspension had been revoked.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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