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Patna High Court

AVINASH KUMAR SHARMA @ AVNASH KUMAR SHARMAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is maintainable and granted it to the petitioners subject to prescribed conditions.

Summary

Avinash Kumar Sharma and his father Pawan Kumar Sharma sought anticipatory bail after a complaint was lodged against them under Sections 409 and 420 of the IPC alleging misappropriation of money from SBI customers. The complainant, Ritik Kumar, claimed the petitioners collected deposits and issued false receipts, but no specific amounts or customer affidavits were attached to the complaint. The petitioners argued that the complaint was false, motivated by a salary dispute, and that they would cooperate with the trial. The State opposed the bail. Relying on a Full Bench decision (Anil Kumar v. State of Bihar, 12‑07‑2023) that anticipatory bail under Section 438 CrPC is maintainable even after summons in a non‑bailable offence, the Court granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether an application for anticipatory bail under Section 438 CrPC is maintainable when the accused has been served with a summons in a complaint case involving non‑bailable offences under Sections 409 and 420 IPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • non‑bailable offence
  • IPC 409
  • IPC 420
  • complaint case
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37875 of 2021
                  Arising Out of PS. Case No.-1426 Year-2019 Thana- BEGUSARAI COMPLAINT CASE
                                                   District- Begusarai
                 ======================================================
           1.     AVINASH KUMAR SHARMA @ AVNASH KUMAR SHARMA S/o
                  Pawan Kumar Sharma R/o Village- Amba, P.S.- Teghra, District- Begusarai,
                  At present R/o Village- Bihat, P.S.- Barauni, District- Begusarai.
           2.    Pawan Kumar Sharma S/o Late Shiv Sagar Sharma @ Late Shiv Sagar
                 Mistri @ Late Ramsagar Sharma R/o Village- Amba, P.S.- Teghra, District-
                 Begusarai, At present R/o Village- Bihat, P.S.- Barauni, District- Begusarai.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.     Ritik Kumar S/o Madan Mohan Prasad Sah R/o Kurha, P.O. and P.S.-
                  Sahebpurkamal, District- Begusarai.
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Amit Narayan, Advocate
                                                Mr. Aryan Kumar, Advocate
                                                Mr. Ankit Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   17-03-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 409 and

                   420 of the Indian Penal Code.

                                 3. Learned counsel for the petitioners submits that

                   from perusal of the office report dated 21.01.2026, it would

                   manifest that the same records that the ordinary notice has been

                   personally received by the complainant/opposite party no. 2. It

                   is further submitted that the complainant/opposite party no. 2,
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          despite receiving the notice, chooses not to appear and contest.

          It is next submitted that the case was earlier taken-up by a

          learned Coordinate Bench on 16.06.2022 and the case was

          directed to be listed along with Cr. Misc. No. 19124 of 2024

          (Anil Kumar Vs. The State of Bihar and connected matters) for

          the reason that an issue whether anticipatory bail application is

          maintainable or not after issuance of summons was pending

          adjudication. It is also submitted that Cr. Misc. No. 19124 of

          2024 was decided by the Hon’ble Full Bench of this Court by

          judgment dated 12.07.2023 wherein it was held that an

          application under Section 438 Cr.P.C. is maintainable on behalf

          of a person who has only been summoned in a complaint case as

          apprehension of being arrested in a non-bailable offence

          continues. It is further submitted that in the instant case also

          summons were issued against the petitioners, as such,

          petitioners had approached this Court when the case was

          directed to be listed with the aforesaid criminal miscellaneous.

                       4. It is submitted that the complainant alleges that he

          is the Coordinator of Save Solution Private Ltd. Company

          which runs the Customer Service Centre of SBI. Further, the

          petitioner no. 1 runs the Customer Service of SBI at

          Bhagwanpur. It is next alleged that the customers on 30.03.1019
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          came to know that petitioner no. 1 was neither present at the

          centre nor in the house for which his father Pawan had instituted

          Teghra P.S. Case No. 124 of 2019. Further, the complainant was

          informed by the customers of the CSP Bhagwanpur that Avinash

          (petitioner no. 1) used to collect money from them for

          depositing and gave receipt by his hand, as such, customers

          raised their voice. Further, that Avinash (petitioner no. 1) used to

          give false receipt to the customers by hand when receipts were

          to be used by the computer, thus, alleges that Avinash (petitioner

          no. 1) by taking the customers into confidence took money from

          them in name of depositing and misappropriated the same.

                       5. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the complainant/opposite party no. 2. It is further submitted that

          no doubt, the complaint petition came to be instituted with an

          allegation that customers complained against the petitioner no. 1

          that he took money for depositing and issued receipt by hand

          and thus misappropriated the amount but then no complain of

          any customer is annexed with the complaint case. It is next

          submitted that though allegation is of misappropriation but then

          the complaint case does not even remotely suggest that as to

          what amount was misappropriated by the petitioner no. 1. It is
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          also submitted that allegations are general and omnibus in

          nature. It is further submitted that since petitioner no. 1 was

          having dispute with the complainant/opposite party no. 2 with

          regard to his salary, as such, the instant false complaint case

          came to be instituted. It is next submitted that as far as petitioner

          no. 2 is concerned, no specific allegation is alleged against him

          and he came to be implicated merely for the reason that he is

          father of petitioner no. 1. It is next submitted that petitioners

          will not abscond rather will cooperate in the trial to prove their

          innocence.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       7. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners, above-named, in

          the event of their arrest or surrender within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Trial Court where the case is pending/Successor Court in

          connection with Complaint Case No. 1426C of 2019, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.
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                                  8. It is made clear that if the learned Trial Court

                     comes to a conclusion that petitioners, after being released on

                     anticipatory bail, are trying to delay the framing of charge or

                     after framing of charge are trying to delay the trial of the case in

                     both the conditions the learned Trial Court shall be at liberty to

                     cancel the bail bonds of the petitioners.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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