Patna High Court
Bhawesh Kumar Jha @ Bhawesh @ Bhawesh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner, being a peon with no control over bank affairs and with the mis‑credited amount returned the next day, was not prima facie liable and therefore bail was granted.
Summary
The petitioner, Bhawesh Kumar Jha, a class‑4 employee (peon) of Punjab National Bank, was named in an FIR for alleged offences under Sections 406, 420, 409, 467, 468 and 471 of the Indian Penal Code relating to the defalcation of Rs 7,81,643 and the withdrawal of Rs 1,60,000 from a deceased depositor's account. He contended that the large sum was mistakenly credited to his salary account due to the negligence of a dealing assistant and was returned to the rightful beneficiaries the next day, and that the ATM withdrawal was made without his knowledge, making him a victim rather than a perpetrator. The State and the bank opposed bail, arguing that the petitioner was implicated in the alleged fraud. The court noted that the petitioner, as a peon, had no control over the bank's administrative affairs and that the amount was promptly restored, indicating a lack of prima facie culpability. Accordingly, the court directed that bail be granted on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The petition for bail was therefore disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner, a class‑4 bank employee with no administrative control, can be held prima facie liable for the alleged offences under the IPC.
- Whether the circumstances of the mistaken credit and prompt restitution justify the grant of bail under Section 438(2) of the Cr.P.C.
- Whether the petitioner’s alleged involvement warrants denial of bail in view of the charges under Sections 406, 420, 409, 467, 468 and 471 IPC.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 406, 409, 420, 467, 468, 471
Subjects
- bail
- criminal breach of trust
- cheating
- bank employee
- Indian Penal Code
- Section 438 CrPC
- high court
- Madhubani
- defalcation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67706 of 2024
Arising Out of PS. Case No.-498 Year-2023 Thana- JAYNAGAR District- Madhubani
======================================================
Bhawesh Kumar Jha @ Bhawesh @ Bhawesh Jha Son of Pramod Jha
Resident Of Village- Hisar, P.S-Khirhar, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Branch Manager, Punjab National Bank, Jay Nagar Branch,
P.S- Jay Nagar, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Adv
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
For the PNB : Mr. Suryakant Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 03-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Jainagar P.S. Case
No. 498 of 2023 registered for the offences punishable under
Sections 406, 420, 409, 467, 468 and 471 of the Indian
Penal Code.
3. As per FIR, petitioner was working with PNB as
class 4th employee/peon, who in collusion with other bank
staff defalcated the amount of Rs.7,81,643 of matured F.D.
of different persons/ account holder and also drawn pension
amount of Rs.1,60,000/- from the account of one late Durga
Devi.
Patna High Court CR. MISC. No.67706 of 2024(4) dt.03-02-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that admittedly the petitioner was the
peon of the bank. It is submitted that amount of
Rs.7,81,643/- was negligently transferred to the salary
account of the petitioner due to negligence of dealing
assistant, which upon report to the bank manager was
immediately transferred on next very day i.e., 18.05.2016
and was returned to the bank account of beneficiaries. It is
also submitted that amount of Rs. 1,60,000/- was withdrawn
by ATM and petitioner is implicated out of suspicion only. It is
also submitted that petitioner himself is victim of
circumstances as his bank account was used by some
fraudulent bank staff/officials. While concluding argument, it
is submitted that petitioner is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel for
the Punjab National Bank while opposing the prayer of bail
submitted that the amount which was transferred to the
account of petitioner was returned on next very day to the
concerned beneficiaries. It is fairly conceded that petitioner is
class 4th employee/peon having no control over administrative
Patna High Court CR. MISC. No.67706 of 2024(4) dt.03-02-2026
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affairs of the concerned bank.
6. In view of aforesaid factual submission and by
taking note of fact as the amount which was transferred to
the bank account of petitioner was returned to the account of
beneficiaries on the next very day, where petitioner being
class 4th employee prima-facie not appears in position to
control the administrative affairs of the bank, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.
Madhubani/concerned Court, where the case is pending in
connection with Jainagar P.S. Case No. 498 of 2023, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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