Patna High Court
Balram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
2/3
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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