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Patna High Court

Chandan Kumar @ Chandan RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for anticipatory bail was denied.

Summary

Chandan Kumar, a field staff member, was implicated in an FIR alleging that he and co‑accused Ashvindra Kumar Ram collected loan instalments from borrowers by falsely promising larger loans and then misappropriated the amounts. The FIR charges were framed under Sections 316(2), 318(4) and 3(5) of the Bihar Negotiable Instruments Act, 2023. Anticipating arrest, the petitioner applied for anticipatory bail. The High Court examined whether the circumstances warranted the grant of anticipatory bail, considering the seriousness of the alleged fraud and the statutory provisions. The Court concluded that the nature of the allegations did not justify anticipatory bail and consequently rejected the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the facts and the provisions of the Bihar Negotiable Instruments Act, 2023

Subjects

  • anticipatory bail
  • loan fraud
  • misappropriation
  • criminal procedure
  • Bihar Negotiable Instruments Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33560 of 2025
                   Arising Out of PS. Case No.-220 Year-2024 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Chandan Kumar @ Chandan Ram Son of Satya Narayan Ram Resident of
                 Village - Chakausan (Maniyarpur), P.S.- Bidupur, District - Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Vinod Kumar Gupta S/O Shambhu Prasad Gupta R/O Village- Saraiya, P.S.-
                 Sahebganj, Dist. Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjit Kumar Thakur
                 For the Opposite Party/s :       Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   16-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 316(2), 318(4),

                   3(5) of the B.N.S., 2023.

                                3. As per F.I.R., this petitioner, who was field staff,

                   and co-accused Ashvindra Kumar Ram (Branch Manager of

                   S.V. Credit Line Ltd.) collected the installment amount from the

                   borrowers on the false promise of securing bigger loan amount,

                   but did not deposit the same in the Branch and misappropriated

                   the amount.

                                4. Considering the nature of accusation, the prayer
           Patna High Court CR. MISC. No.33560 of 2025(5) dt.16-01-2026
                                                       2/2




                     for anticipatory bail of petitioner is rejected.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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