Patna High Court
Saket KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted provisional bail to the petitioner subject to a bond, sureties and deposit of the alleged amount.
Summary
Saket Kumar, former branch manager of Aashirwad Micro Finance, was accused in an FIR of embezzling Rs.43,754, alleged to have been taken but not deposited in the company locker. The FIR was lodged 19 months after the alleged incident. Kumar applied for anticipatory bail, asserting that he had actually deposited the money and was willing to return the amount. The State opposed the bail, citing the seriousness of the offences under Sections 316(5), 318(3), 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The Court, considering the delay, the petitioner’s willingness to deposit the money, and the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, granted provisional bail for six weeks, subject to a bail bond and sureties, and directed the petitioner to deposit the amount to confirm the bail.
Issues considered
- Whether anticipatory/provisional bail should be granted despite a 19‑month delay in filing the FIR
- Whether the petitioner’s willingness to deposit the alleged defalcated amount justifies bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 316(5), 318(3), 3(5), 351(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- provisional bail
- embezzlement
- delay in FIR
- micro finance
- BNSS
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18027 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Saket Kumar Son of Rajendra Prasad @ Rajendra Prasad Singh Resident of
Village- Garhara, Ward No. 8, P.S.- Barauni, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 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(5),
318(3), 351(2) and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioner, who was the Branch Manager of Aashirwad
Micro Finance, Barbigha Branch (Sheikhpur) embezzled
Rs.43,754/- from the company.
4. Learned counsel for the petitioner submits, at the
outset, that there is a delay of 19 months in lodging the First
Information Report and in the present allegation of
embezzlement of money from the company, the specific
allegation against the petitioner is that he received the amount of
Rs.43,754/- but he did not deposit the same into locker. The
Patna High Court CR. MISC. No.18027 of 2026(2) dt.06-04-2026
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petitioner happens to be the Branch Manager of Aashirvad
Micro Finance, Barbigha Branch, however, he has submitted
that he had deposited the said money in the locker and had
resigned from the post before lodging of the F.I.R. However, in
any view of the matter, he is ready to deposit the said amount of
Rs.43,754/- in the account of the Company.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the willingness of the petitioner
to deposit the alleged defalcated amount, let the above named
petitioner, be released on provisional bail for six weeks, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Barbigha P.S. Case No. 134 of 2025, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
Patna High Court CR. MISC. No.18027 of 2026(2) dt.06-04-2026
3/3
7. In the meantime, the petitioner would be depositing
the said amount i.e. Rs.43,754/- and on deposit of the said
amount, the learned Court concerned would proceed to confirm
the provisional bail granted to the petitioner.
(Soni Shrivastava, J)
anand/-
U T
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