Created by Fuzzy Cloud

Patna High Court

Prince Kumar PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.