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Patna High Court

Vishal AnandversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.28982 of 2026(2) dt.06-05-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.28982 of 2026(2) dt.06-05-2026
                                                       3/3




                     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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