Patna High Court
Yashoda DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail could not be granted in view of the seriousness of the alleged fraud and the risk of the petitioner evading the trial.
Summary
Yashoda Devi applied for anticipatory bail in connection with a criminal case (Shivnarayanpur PS Case No. 97 of 2024) alleging offences under Sections 318(4), 316(2) and 316(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly embezzling a loan of Rs. 42 lakhs by forging signatures and thumb impressions. The prosecution alleged that the petitioner fraudulently obtained the loan amount from several banks and a micro‑finance institution. The Patna High Court examined whether the seriousness of the alleged fraud and the risk of the petitioner evading trial justified the grant of anticipatory bail. Considering the gravity of the offence, the Court declined to grant anticipatory bail. The petitioner was ordered to surrender within two weeks to obtain regular bail, and the order was limited to the anticipatory bail application without prejudice to later proceedings.
Issues considered
- What is the appropriate standard for granting anticipatory bail in cases involving alleged financial fraud under the Bharatiya Nyaya Sanhita?
- Do the alleged offences under Sections 318(4), 316(2) and 316(5) of the Bharatiya Nyaya Sanhita warrant denial of anticipatory bail?
- Is there a likelihood of the petitioner absconding or tampering with evidence that justifies refusal of anticipatory bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 316(5), 318(4)
Subjects
- anticipatory bail
- financial fraud
- loan embezzlement
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24583 of 2025
Arising Out of PS. Case No.-97 Year-2024 Thana- Shivnarayanpur District- Bhagalpur
======================================================
Yashoda Devi W/o Shri Vikash Mahaldar R/o Village- Mathurapur, P.S.-
Shivnarayanpur, District- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gramin Kota Bank, Kahalgaon, Near Kahalgaon P.s., P.o.- Kahalgaon,
Bhagalpur Bihar
3. Bharat Finance Bank, Kahalgaon, Near Ultapool. P.O.- Kahalgon, Dist-
Bhagalpur Bihar
4. Mahindra Kotak Bank, Kahalgaon, Near Hatiya, P.O.-Kahalgaon, Dist.-
Bhagalpur Bihar
5. Samasta Micro Finance, Shivnarayanpur, At-Kumar Complex, P.O. -
Shivnarayanpur, Dist-Bhagalpur Bihar
6. Ashirwad Bank, Kahalgaon, Near H.P. Gas Agency, P.O-Kahalgaon, Dist-
Bhagalpur Bihar
7. Utkarsh Bank, Pirpainti, Near H.P. Gas Agency, P.O.-Pirpainti, Dist.-
Bhagalpur. Bihar
8. Canara Bank, Kahalgaon, Near-Block, P.O.- Kahalgaon, Dist.- Bhagalpur.
Bihar
9. Ujjiwan Bank, Kahalgaon, Near- Hatiya P.O.- Kahalgaon, Dist.- Bhagalpur
Bihar
10. Midland Bank, Kahalgaon, Near Lakdi Mill, P.O.- Kahalgaon, Dist.-
Bhagalpur Bihar
11. L and T Bank, Shivnarayanpur, Near SBI Bank, P.O.- Shivnarayanpur, Dist.-
Bhagalpur Bihar
12. HDFC Bank, Kahalgaon, P.O.- Kahalgaon, Distt.- Bhagalpur Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Das
For the Opposite Party/s : Mr. Satya Nand Shukla
For the O.P. No. 5 : Mr. Sanjay Kumar, Advocate
Mr. Sunil Kumar, Advocate
For the O.P. No. 8 : Mr. Prashant Kumar, Advocate
Mr. Nishant Kumar Advocate
Mr. Shashank Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 26-02-2026 Heard the learned counsel for the petitioner, the
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learned counsel for the State, the learned counsel for the O.P.
No. 5 (Samasta Micro Finance) and the learned counsel for the
O.P. No. 8 (Canara Bank).
2. The petitioner apprehends arrest in connection with
Shivnarayanpur P.S. Case No. 97 of 2024 registered for offences
under Sections 318(4), 316(2) and 316(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of embezzling the loan amount i.e., Rs. 42 Lakhs after
obtaining the signatures and thumb impressions of the victims
on plain papers, allegedly in a fraudulent manner.
4. Considering the nature and gravity of the offence,
this Court is not inclined to grant anticipatory bail to the
petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, failing which the Senior Superintendent of Police,
Bhagalpur will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
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and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Bhagalpur through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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