Patna High Court
Prince Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S. given the general nature of the accusations and his clean antecedents.
Summary
The petitioner, Prince Kumar Pandey, sought anticipatory bail fearing arrest in a fraud case involving alleged collusion to sanction a Rs. 10,00,000 loan through forged documents. The prosecution’s informant, an office manager at Bajaj Finance, alleged that the petitioner and other accused misappropriated the loan amount. The petitioner contended that the loan was disbursed by the sales manager to his acquaintances and that no money ever reached him, asserting his innocence and clean antecedents. The State opposed the bail, but the court noted the general and omnibus nature of the accusations and the petitioner’s clean record. Relying on Section 482(2) of the B.N.S., the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on bail upon furnishing a bond and sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S. in view of the alleged fraud charges
- Whether the allegations against the petitioner constitute a specific offence warranting denial of bail
Legislation cited
- B.N.S. — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- fraud
- loan fraud
- Section 482
- clean antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5602 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- Kalibagh District- West Champaran
======================================================
Prince Kumar Pandey S/O Sri Amit Kumar Pandey R/O Village- Bhavanipur,
P.S- Yogapatti, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 338,
336(3), 340(2), 316(2), 318(4) and 3(5) of the B.N.S..
3. As per prosecution case, informant, who happens to
be Office Manager at Bajaj Finance, Bettiah Office, alleged that
on 17.07.2025, during an internal audit, he came to know that
all the F.I.R. named accused persons, including this petitioner, in
collusion with each other, sanctioned loan of Rs. 10,00,000/- in
the name of different customers by fraudulently forging the
documents of the customers and thus, misappropriated the
amount.
Patna High Court CR. MISC. No.5602 of 2026(3) dt.30-03-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that the entire loan amount which was sanctioned
fraudulently was disbursed by the Sales Manager, namely
Adarsh Kumar, into the account of his acquaintances, namely
Anmol Raj and Chaman Kumar and not a single farthing was
either received by this petitioner or transferred into the account
of this petitioner and thus, this petitioner has not committed any
fraud. It is further submitted that from bare perusal of the
impugned order it is apparent that the entire alleged
misappropriated money has already been deposited in the
account of the company. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.5602 of 2026(3) dt.30-03-2026
3/3
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Bettiah, West
Champaran in connection with Kalibagh P.S. Case No. 235 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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