Patna High Court
Arvind Kumar Yadav @ Arbind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that bail should be granted to the petitioner as there is no material directly implicating him in the alleged defalcation.
Summary
Arvind Kumar Yadav, a former branch manager of the Khagaria District Central Co‑operative Bank, was implicated in a fraud case (PS No. 167 of 2024) alleging that Rs 4,70,176 deposited by a shopkeeper through an agent, Mithilesh Kumar, was misappropriated. The petitioner contended that he had superannuated from the bank on 31‑03‑2023, well before the complainant opened the savings account on 09‑06‑2023, and that there was no allegation or material linking him to the alleged defalcation. The State and the informant argued that the agent acted on the petitioner’s instructions and that the petitioner was complicit. The Court examined the timeline, the lack of direct evidence against the petitioner, and his willingness to cooperate, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and a family member as a surety.
Issues considered
- What is the appropriate basis for granting bail to a former bank official accused of involvement in a fraud under Sections 467, 468, 406, 409, 120B and 34 of the IPC?
- Does the petitioner’s superannuation prior to the alleged offence preclude liability or affect bail considerations?
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 120B, 34, 406, 409, 467, 468
Subjects
- bail
- criminal procedure
- co‑operative bank
- fraud
- defalcation
- superannuation
- IPC
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73466 of 2025
Arising Out of PS. Case No.-167 Year-2024 Thana- MANSI District- Khagaria
======================================================
Arvind Kumar Yadav @ Arbind Kumar Yadav S/o Dineshwar Prasad Yadav
the Khagaria District Central Co-operative Bank Limited Branch Mansi
Distt.- Khagaria, at present R/o vill - Balha, P.S.- Narayanpur via Naugachia,
Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bablu Yadav S/o Late Rajdeo Prasad Yadav R/o vill- Khutiya, P.S.- Mansi,
Distt.- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv.
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
For the Informant : Mr. Ranjeet Patel, Adv.
Mr. Avnish Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard learned Advocate for the petitioner, learned
APP for the State as well as the learned Advocate for the
informant.
2. The petitioner apprehends his arrest in connection
with Mansi P.S. Case No.167 of 2024 registered for the offences
punishable under Sections 467, 468, 406, 409, 120B/34 of the
Indian Penal Code.
3. Based upon the complaint case, it is alleged that the
complainant was a shopkeeper who used to deposit Rs.500 per
day under the Daily Deposit Scheme in the Khagaria District
Central Cooperative Bank Limited through one agent, namely
Mithilesh Kumar. In total, the complainant deposited Rs.
Patna High Court CR. MISC. No.73466 of 2025(3) dt.11-02-2026
2/3
4,70,176/- but the amount has not been actually deposited in the
Bank and when the complainant asked for returning the amount,
the same has been refused. The petitioner is said to be the
Branch Manager of the Cooperative Bank.
4. Learned Advocate for the petitioner submitted that
there is a specific accusation in the complaint petition that the
savings account of the informant was opened on 09.06.2023,
and he deposited the amount to the tune of Rs. 4,70,146/-
through one agent, namely Mithilesh Kumar and, as such, the
entire allegation revolves around co-accused Mithilesh Kumar.
There is no whisper or any allegation that the petitioner has
anyhow accepted the amount or operated the account of the
complainant; rather, the fact is otherwise. The petitioner had
already superannuated from the post of Branch Manager of the
Cooperative Bank on 31.03.2023, much before the opening of
the account of the complainant. The petitioner though bears two
criminal antecedents; however, it is submitted that now he has
already superannuated and he undertakes that he will fully
cooperate in the proceedings of the Court.
5. On the other hand, learned Advocate for the State
and the informant vehemently opposed the bail application and
submitted that co-accused Mithilesh Kumar is none else but the
agent, who was duly appointed by the petitioner while he was
Patna High Court CR. MISC. No.73466 of 2025(3) dt.11-02-2026
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discharging his duty as a Branch Manager and, as such, the
entire amount has been defalcated in collusion with the
petitioner.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the fact that prior to the opening of the account by the
complainant, the petitioner had already superannuated, and there
is neither any material nor allegation against the petitioner of
defalcation or of taking the alleged deposited money, let the
petitioner be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Khagaria in
connection with Mansi P.S. Case No.167 of 2024, subject to the
condition as laid down under Section 482(2) of the BNSS, with
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
rohit/-
U T
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