Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail was dismissed.
Summary
Petitioner Pappu Kumar, a regional manager of a micro‑finance firm, applied for anticipatory bail fearing arrest in a case registered under Sections 318(4), 316(5) and 3(5) of the B.N.S. The prosecution alleged that a large sum of Rs.25,98,197 was misappropriated by employees of the Dhaka branch, and that the petitioner was involved in a defalcation of Rs.9,50,775. The petitioner claimed a clean antecedent and sought relief from arrest. The State opposed the bail on the ground of the substantial alleged misappropriation. The Court held that the seriousness of the allegations did not warrant anticipatory bail and dismissed the application, directing the petitioner to surrender within four weeks and apply for regular bail, failing which the police would arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 318(4), 316(5) and 3(5) of the B.N.S. in view of the alleged defalcation.
Legislation cited
- B.N.S. — s. 316(5), 318(4), 3(5)
Subjects
- anticipatory bail
- defalcation
- embezzlement
- criminal procedure
- bail
- microfinance
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43519 of 2025
Arising Out of PS. Case No.-65 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Pappu Kumar S/o Basudev Baitha Resident of village- Belghati, P.S.-
Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mukesh Kumar, S/O- Harikantlal R/O of Vill- Sara Mohanpur, P.S.- Sadar,
District- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Dhaka P.S. Case No. 65 of 2025 instituted under Sections
318(4), 316(5), 3(5) of B.N.S.
3. As per the prosecution case, on 12.02.2025,
Mukesh Kumar submitted a report alleging embezzlement at
Dhaka Branch. An internal audit found cash shortages, and a
special audit revealed Rs. 25,98,197 misappropriated by
employees through fake accounts and loan manipulation. They
also misused pre-closure amounts.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43519 of 2025(6) dt.19-02-2026
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petitioner is found involved in defalcation of Rs. 9,50,775/- of
M/S Ashirwad Micro Finance Limited, Dhaka Branch, Bihar in
which he was working as Regional Manager. Petitioner has
clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that
petitioner has defalcated a huge amount of money.
6. Considering the allegations levelled against the
petitioner, this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, East Champaran will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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