Patna High Court
Sanjog Kumar MalikversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Securities Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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/-
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