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Patna High Court

Balram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the anticipatory bail application, subject to bond, surety, and cooperation conditions, under Section 482(2) of the BNSS.

Summary

Balram Kumar and Sushil Kumar, former branch manager and assistant branch manager of BSS Micro Finance Ltd., were implicated in a case alleging misappropriation of Rs. 24,30,996 while granting loans to 47 members. They contended that the informant, the Zonal Manager of the company, falsely implicated them and that their services were terminated without a proper inquiry, despite their clean antecedents. The petitioners sought anticipatory bail, assuring cooperation with the investigation, while the State opposed the relief. The Court considered the allegations, the petitioners' clean record, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to bond and surety conditions, and stipulated that bail could be cancelled if the petitioners failed to cooperate or if a charge sheet linked them to the offence.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Securities Act, 2023 in view of the allegations of misappropriation.
  • Whether the petitioners' alleged false implication and termination without inquiry justify denial of bail.

Subjects

  • anticipatory bail
  • misappropriation
  • micro finance
  • false implication
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17450 of 2026
                     Arising Out of PS. Case No.-173 Year-2025 Thana- FORBESGANJ District- Araria
                 ======================================================
           1.     Balram Kumar Son of Surya Narayan Thakur Resident of Village
                  -Jharkhaha, Ward No. 04, P.S. - Madhepura, Distt. - Madhepura.
           2.    Sushil Kumar(Ex, Assitant Branch Manager, Micro Finance Company
                 Limited) Son of Kinnulal Sah R/o Village - Laxmipura, Ward no. 8, P.S. -
                 Pipra, Dist. - Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajiv Ranjan, Advocate
                 For the Opposite Party/s :       Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

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

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that Balram and Sushil who are Branch Manager and

                   Assistant Branch Manager committed misappropriation of an

                   amount of Rs. 24,30,996/- while granting loan to 47 members of

                   BSS Micro Finance Limited and returned an amount of Rs.

                   2,11,321/-
Patna High Court CR. MISC. No.17450 of 2026(2) dt.20-04-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant, it is next submitted that informant is Zonal

          Manager of BSS Micro Finance Limited. It is also submitted

          that the services of the petitioners stand terminated, but then

          before terminating the services of the petitioners, an inquiry into

          the allegations ought to have been held, but then the same was

          not done rather the services of the petitioners were terminated in

          haste, so that they are not in a position to bring any evidence on

          record to show that they were not involved in the occurrence. It

          is also submitted that if privilege of anticipatory bail is granted,

          the petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.

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

          anticipatory bail application of the petitioners.

                       6. Considering the submissions made by the learned

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

          event of their 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) each with two

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

          trial court where the case is pending/successor court in
            Patna High Court CR. MISC. No.17450 of 2026(2) dt.20-04-2026
                                                        3/3




                      connection with Forbesganj P.S. Case No. 173 of 2025 subject

                      to the conditions as laid down under Section 482 (2) of the

                      BNSS.

                                   7. However, it is made clear that in the event if the

                      Investigating Officer of the case files an application before the

                      learned Trial Court bringing to its notice that petitioners despite

                      giving assurance to this Court are not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioners.

                                   8. It is further made clear that if charge sheet is

                      submitted connecting the petitioners with the offence, in that

                      even the present anticipatory bail order shall lose its effect.

                                   9. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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