Patna High Court
Vishal AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the specific and direct allegations of forgery and defalcation against the petitioner do not merit the grant of anticipatory bail.
Summary
Vishal Anand, a former branch manager of North Bihar Gramin Bank, applied for anticipatory bail after being implicated in a fraud case involving alleged defalcation of Rs.66,69,010.80 from 31 KCC accounts, with charges under IPC sections 420, 409, 120(B) and 34. The petitioner argued he was falsely implicated, citing lack of specific allegations, clean antecedents, and no complaints from any account holders. The State contended that there were direct and specific allegations, noting his removal from the post when the fraud was discovered. The court examined the nature of the allegations, particularly the alleged forgery of bank documents and participation in the defalcation. Concluding that the accusations were serious and specific, the court found the case unsuitable for anticipatory bail and rejected the petition.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under IPC sections 420, 409, 120(B) and 34.
- Whether the nature and specificity of the allegations against the petitioner preclude the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 120B, 34, 409, 420
Subjects
- anticipatory bail
- bank fraud
- forgery
- defalcation
- IPC sections 420
- IPC section 409
- IPC section 120B
- IPC section 34
- CrPC Section 438
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28982 of 2026
Arising Out of PS. Case No.-327 Year-2024 Thana- PHULPARAS District- Madhubani
======================================================
Vishal Anand, S/O Ram Sakal Paswan, Resident of Village- Raghepura,
Police Station- Bahadurpura, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Phulparas P.S. Case No. 327 of
2024, registered for the alleged offence under Sections 420, 409,
120(B)/34 of the Indian Penal Code.
3. As per prosecution case, in one of the branches of
North Bihar Gramin Bank, tampering with the documents of
KCC account holders, their credit limits have been increased
and, in this manner, defalcation of an amount of
Rs.66,69,010.80/- has been made in connection with 31 such
accounts. The allegation against the petitioner is that he was the
Branch Manager during the relevant period and he, in
connivance with the account holders, committed this defalcation
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and in making changes in the details of the accounts, the ID of
this petitioner and two other co-accused persons have been used.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. No specific role has been attributed to the petitioner and
altogether 12 persons have been made accused in this case. Not
a single customer/borrower has come before the branch to make
any allegation against the petitioner. The allegation of
conspiracy against the petitioner and other co-accused persons is
based on documents and there are chances of miscalculation.
Moreover, during the period in which the petitioner had been
working with the branch, Rs.29,05,000/- was debited in the
accounts of borrowers out of which Rs.16,89,573/- has already
been credited in the account of borrowers. The petitioner is
having clean antecedents.
5. Learned APP vehemently opposes the submission
made on behalf of the petitioner. The learned APP submits that
there is direct and specific allegation against the petitioner, who
has also been removed from his post when the fraud came to the
notice of the authorities.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
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direct and specific nature of allegation against the petitioner for
committing forgery in the bank documents and indulging in
defalcation of money, I do not find it is a fit case for grant of
anticipatory bail to the petitioner.
7. Accordingly, his prayer for grant of anticipatory
bail is rejected.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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