Patna High Court
Rajesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected.
Summary
Petitioner Rajesh Kumar Paswan, a CSP In‑charge, was implicated in a case (Simri P.S. Case No. 30 of 2025) alleging misappropriation of Rs 16,64,000 from bank customers, leading to an FIR under Sections 316(2), 318(4), 336(3), 338 and 340(2) of the B.N.S. He filed an anticipatory bail application, contending that the complainants had not received bank messages and that the bank’s role could not be ignored. The State opposed, stating that the alleged misappropriation warranted denial of bail and that any involvement of bank employees would be dealt with separately. The Court examined the seriousness of the offences and the allegations of financial loss. Concluding that the allegations were sufficient to deny relief, the Court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite allegations of misappropriation of funds under Sections 316(2), 318(4), 336(3), 338 and 340(2) of the B.N.S.
- Whether the involvement of the bank or its employees affects the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 316(2), 318(4), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- misappropriation
- bank fraud
- B.N.S.
- Sections 316, 318, 336, 338, 340
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74333 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
Rajesh Kumar Paswan S/o Lala Paswan R/o Village- Simri, P.S.- Simri,
District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate
: Ms. Megha Singh, Advocate
For the State : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard Ms. Megha Singh, learned counsel for the
petitioner and Mr. Syed Mojibur Rahman, learned APP
representing the State.
2. The petitioner is apprehending his arrest in
connection with Simri P.S. Case No. 30 of 2025 registered for
the offence punishable under Sections 316(2), 318(4), 338,
336(3) and 340(2) of the B.N.S., lodged on 07.05.2025 by the
informant Amar Chaudhary.
3. As per the prosecution story, the informant alleged
that the State Bank of India, Singhwara Branch got complaint
from the consumers that this petitioner, a CSP Incharge, has
illegally encashed their amounts without providing them proper
receipt. The Bank gave the names of the complainants and came
Patna High Court CR. MISC. No.74333 of 2025(3) dt.20-02-2026
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to the conclusion that there is misappropriation of
Rs.16,64,000/- and that the petitioner later closed the CSP and
escaped. This led to the F.I.R..
4. Learned counsel for the petitioner submits that it is
ironical that the complainants were depositing the amount, not
receiving the message from Bank and in that background, the
role of the Bank cannot be ignored.
5. Learned APP opposes the prayer submitting that it
is a part of the investigation and if any Bank Employee is also
involved, he shall also be made accused but that cannot be the
reason for the grant of relief to the petitioner who has
misappropriated Rs.16,64,000/- of the poor fellows as alleged.
6. Considering the aforesaid submissions as also the
allegation that has come against the petitioner, no relief can be
extended to him.
7. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
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