Patna High Court
Navendu NavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) of the CrPC.
Summary
The petitioner, Navendu Nav, was implicated in a FIR (Bahera P.S. Case No. 444 of 2023) alleging fraud involving illegal transfer of bank funds, punishable under Sections 409, 420 and 34 of the IPC. He contended that the allegations were fabricated, he had a clean antecedent, and the FIR was vague, especially since a co-accused, Sanjeet Paswan, had already been granted anticipatory bail. The prosecution opposed the bail application. The Court examined the petition, noting the lack of specific monetary details in the FIR and the petitioner’s clean record, and considered the precedent of bail granted to the co-accused. Consequently, the Court ordered that the petitioner be released on anticipatory bail, subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the allegations under Sections 409, 420 and 34 IPC.
- Whether the FIR is sufficiently specific to deny bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 409, 420
Subjects
- anticipatory bail
- fraud
- bank fraud
- IPC Sections 409
- IPC Section 420
- IPC Section 34
- CrPC Section 438
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39196 of 2026
Arising Out of PS. Case No.-444 Year-2023 Thana- BAHERA District- Darbhanga
======================================================
Navendu Nav S/O Nand Kumar Jha Resident of Village - Pokhram, P.S-
Bahera,Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Nath Jha
For the Opposite Party/s : Mr. Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bahera P.S. Case No. 444 of 2023 for the
offences punishable under Sections 409, 420, 34 of the Indian
Penal Code.
3. The prosecution case in brief is that an written
application filed by on Ranjay Kumar Ambast Chief Manager
Indian State Bank Agriculture Development Branch, Benipur
(Ashapur), Post - Bahera to the Officer -in-charge Bahera Police
Station stating therein inter alia that when he took charge as a
chief manager SBI ADV ( (agriculture development branch
Benipur) Darbhanga on 21 June 2023 after a day, gradually he
found out from all the then employees and officers that in the
Patna High Court CR. MISC. No.39196 of 2026(2) dt.02-07-2026
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year 2022, Sangeet Paswan with the help of Navendu Nav had
illegally transferred money in their account from the accounts of
various account holder. He further alleged that on getting
information about this, he saw that some of the money had been
returned in some accounts, He further said that he created a
pressure on Sanjeet Paswan and got it deposited money in the
remaining account except one account and informed to the
CONTROLING OFFICE RBO DARBHANGA. The controlling
authority again got it investigated and immediately, Sanjeet
Paswan was suspended. In this way the work done by Sanjeet
Kumar Paswan and Navendu Nav is fraud with the bank
Therefore he requested to the officer in-charge of Bagera Police
Station to registered FIR against the accused persons.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Learned counsel for the petitioner next
submits that from perusal of the FIR it appears that informant
has not mentioned as to how much amount has been
misappropriated by the petitioner and co-accused person,
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namely, Sanjit Paswan @ Sanjeet Paswan has been granted the
privilege of anticipatory bail vide order dated 29.01.2025 passed
in Cr. Misc. No. 73504 of 2024 by this Court.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and the FIR is
vague and also the fact that similarly situated co-accused person
has been granted anticipatory bail by this Court, let the
petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned ACJM,
Benipur, Darbhanga in connection with Bahera P.S. Case No.
444 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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