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Patna High Court

Sanjog Kumar MalikversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Sec.438(2) CrPC and Sec.482(2) BNSS.

Summary

The petitioner, Sanjog Kumar Malik, filed an anticipatory bail application fearing arrest in Paharkatta police case No.46 of 2025, which alleges offences under Sections 318(4), 316(2), 316(5) and 3(5) of the BNSS relating to a defalcation of Rs.4,65,440 by co‑accused Abhishek Kumar Sah. The petitioner contended that he was falsely implicated, his name does not appear in the FIR and that he was merely a bank officer present when deposits were made, while the State highlighted his prior criminal antecedent. The court examined the material, noting that the co‑accused had already been granted bail and had undertaken to deposit the defalcated amount. Considering the facts and the petitioner’s claim of innocence, the court decided to enlarge anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Sec.438(2) CrPC and Sec.482(2) BNSS. The order directs the petitioner to appear before the lower court and comply with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite a prior criminal antecedent
  • Whether the petitioner’s alleged non‑inclusion in the FIR and claim of innocence justify bail
  • Whether the conditions under Sections 438(2) CrPC and 482(2) BNSS are satisfied

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Negotiable Securities Act
  • defalcation
  • prior criminal antecedent
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24662 of 2026
                   Arising Out of PS. Case No.-46 Year-2025 Thana- PAHARKATTA District- Kishanganj
                 ======================================================
                 Sanjog Kumar Malik S/o Moti Mallick R/o House no. 104, Ashutosh
                 Mukherjee Road, PS- Bhawanipore, Dist.- Kolkata, W.B.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Raj Shekhar Pandit S/o Ratan Lal Pandit Presently Branch Manager, Chattar
                 Gachh, P.s.- Paharkatta, Dist.- Kishanganj, Permanently residing at vill -
                 Faudarbasti, P.O - Thakurganj, P.S.- Thakurganj, Dist. - Kishanganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mritunjay Kumar, Advocate
                 For the Opposite Party/s :      Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed         by the petitioner apprehending his arrest in

                   connection with Paharkatta P.S. Case no. 46 of 2025 instituted

                   for the offence under Sections 318 (4), 316 (2), 316 (5) and 3(5)

                   of the BNS.

                                3. The case of the prosecution is that co-accused,

                   namely Abhishek Kumar Sah has defalcated Rs. 4,65,440 from

                   different Jevika groups.
Patna High Court CR. MISC. No.24662 of 2026(2) dt.15-05-2026
                                            2/3




                       4. Learned counsel for the petitioner has submitted

          that petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          from perusal of the FIR, it is clear that the name of this

          petitioner does not find place in the FIR and that his name was

          subsequently introduced on earlier FIR. It is further submitted

          that from perusal of the order passed by the learned trial Court,

          it would transpire that “from para 38 of the case diary, it

          appears that the petitioner was officer of the bank and he was

          present on several dates on which money was deposited by

          Jevika groups. From para 62 of the case diary, it appears that

          the case has been found true against the petitiojner ex-officer

          of the bank and two others.” It is further submitted that in this

          case co-accused, namely, Abhishek Kumar has already been

          granted bail by this Court vide order dated 05.08.2025 passed in

          Cr. Misc. No. 48702 of 2025 and the said Abhishek Kumar has

          undertaken to deposit the amount alleged to have been

          defalcated.

                       5. Learned APP appearing for the State opposed the

          prayer of bail of the petitioner stating that the petitioner has one

          criminal antecedent.

                       6. Having heard learned counsel for the parties and in
            Patna High Court CR. MISC. No.24662 of 2026(2) dt.15-05-2026
                                                        3/3




                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Paharkatta P.S. Case no. 46 of 2025, he will

                      be enlarged on bail on furnishing bail bond of Rs. 10,000/-

                      (Rupees ten thousand) with two sureties of the like amount each

                      to the satisfaction of learned SDJM, Kishanganj, subject to the

                      conditions as laid down under section 438(2) of the Cr.P.C/

                      Section 482 (2) of the BNSS.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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