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Patna High Court

Navendu NavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.39196 of 2026(2) dt.02-07-2026
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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
           Patna High Court CR. MISC. No.39196 of 2026(2) dt.02-07-2026
                                                       4/4




                     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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