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Patna High Court

Bachan Mehto @ Bachan Mehto @ Bechan MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners with conditions under Section 438(2) of the Cr.P.C.

Summary

The petitioners, Bachan Mehto and Kartik Kumar, were implicated in a case (Madhepura PS Case No. 914 of 2025) for allegedly misappropriating a cooperative bank loan of Rs. 18,08,361 under sections 316(5) and 3(5) of the BNS. They contended that the FIR was filed on a wrong impression and that the loan amount, along with interest, had already been repaid, as shown in a supplementary affidavit. The Bihar State Cooperative Bank, while acknowledging receipt of the amount, did not oppose the petition for anticipatory bail. The court, noting the petitioners' lack of prior criminal record and the bank’s stance, decided to grant anticipatory bail subject to conditions prescribed under Section 438(2) of the Cr.P.C. The order required the petitioners to furnish bail bonds, ensure cooperation with the investigation, appear before the trial court regularly, and refrain from tampering with evidence or committing further offences. The bail was to be released within four weeks of arrest or surrender, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in view of the alleged misappropriation of a cooperative bank loan.
  • Whether the repayment of the loan amount and the bank’s non‑opposition affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • misappropriation of loan
  • cooperative bank
  • Section 438 Cr.P.C.
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7067 of 2026
                   Arising Out of PS. Case No.-914 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
           1.     Bachan Mehto @ Bachan Mehto @ Bechan Mehta S/o- Saken Mehta
                  Village -Bhelwa Simraha PS-Madhepura OP, Dist- Madhepura
           2.    Kartik Kmar @ Kartik Kumar S/o- Badri Kamti Village -Bhelwa Simraha
                 PS-Madhepura OP, Dist- Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Bihar State Cooperative Bank, Madhepura through its Branch Manager
                 Bihar
           3.    The Branch Manager, Bihar State Cooperative Bank, Madhepura Branch,
                 Madhepura Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Umesh Lal Verma, APP
                 For the Bank             :      Mr. Shashi Shekhar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                      Heard Mr. Sanjay Kumar Singh, learned Counsel for

                   the petitioners and Mr. Shashi Shekhar for the State Co-Operative

                   Bank, Madhepura Branch.

                                2. The petitioners apprehend their arrest in connection

                   with Madhepura P.S. Case No. 914 of 2025 for the offence registered

                   under sections 316(5)/3(5) of the BNS.

                                3. As per the prosecution story, the allegation is that for

                   the Kharif marketing season 2024-25, paddy was purchased through

                   Bhelwa PACS and the loan was advanced by co-operative society

                   under agreement. The allegation is that the two petitioners

                   misappropriated the amount, they being president and manager of the
Patna High Court CR. MISC. No.7067 of 2026(2) dt.17-02-2026
                                            2/3




          said Bhelwa PACS to the tune of Rs. 18,08,361/-. This led to the FIR.

                       4. Learned Counsel for the petitioners submit that under

          wrong impression, the FIR has been lodged, they were in the process

          of making the payments. In any case, the payments have been made

          along with interest, it would manifest from the supplementary

          affidavit filed on behalf of the petitioners. The bank details have been

          incorporated in Annexure P/4 to the supplementary affidavit.

                       5. The Bank is appearing and Mr. Shashi Shekhar submits

          that the amount has come and as such, reserving their right to pursue

          the case, he is not opposing the prayer for anticipatory bail.

                       6. In that background and in view of the submissions put

          forward by the parties and taking into account that the petitioner do

          not have criminal antecedent, this Court is inclined to grant them the

          anticipatory bail with conditions.

                       7. Let the petitioners in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the order,

          shall be released on anticipatory bail on furnishing bail of Rs.

          10,000/- (ten thousand) each with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate,

          Madhepura in connection with Madhepura P.S. Case No. 914 of 2025

          subject to condition as laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family member/relative

          of the petitioner who shall provide official document to show his/her

          bona fide;
           Patna High Court CR. MISC. No.7067 of 2026(2) dt.17-02-2026
                                                       3/3




                                  (ii) the petitioner(s) shall be appearing before the Police

                     Station as and when required for co-operating in the investigation;

                                  (iii) the petitioner shall appear on each and every date

                     before the Trial Court and failure to do so for two consecutive dates

                     without plausible reason will entail cancellation of his bail bond by

                     the Trial Court itself;

                                  (iv) the petitioner shall in no way try to induce or promise

                     or threat the witnesses or tamper with the evidences, failing which

                     the State shall be at liberty to take steps for cancellation of the bail

                     bonds;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty to

                     take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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