Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
Petitioner Pawan Kumar, a field officer of Bharat Financial Inclusion Ltd., was implicated in a FIR alleging fraud and misappropriation of Rs. 3,88,819 collected from 18 customers, leading to charges under Sections 406 and 420 of the Indian Penal Code. He applied for anticipatory bail, claiming innocence, a clean antecedent, and that he never collected any money. The State and the informant opposed the bail, emphasizing the specific accusations of large-scale misappropriation. The court examined the seriousness of the allegations and the risk of the petitioner absconding or tampering with evidence. Considering the nature of the accusation, the court refused the anticipatory bail application.
Issues considered
- What is the appropriate decision on the petitioner's application for anticipatory bail under the circumstances of alleged fraud and misappropriation?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- fraud
- misappropriation
- IPC 406
- IPC 420
- CrPC 438
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80166 of 2025
Arising Out of PS. Case No.-485 Year-2023 Thana- JAYNAGAR District- Madhubani
======================================================
Pawan Kumar S/O Umesh Sah R/O Vill.- Akurahan Khargi, P.S.- Kanti, Dist.-
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandan Kumar S/O Rajkumar Mahto R/O Vill.- Ganwara, P.S.- Town,
Dist.- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P.
For the Informant : Ms. Nisha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Jay Nagar P. S. Case
No. 485 of 2023 registered for the offences punishable under
Sections 406, 420 of the Indian Penal Code.
3. As per F.I.R., this petitioner, who was working as
Field Officer in the Jaynagar Branch of Bharat Financial
Inclusion Limited, is alleged to have committed fraud with the
company by collecting a sum of Rs. 3,88,819/- from 18
members towards loan closure amount but failed to deposit the
same in the branch account and thus, misappropriated the said
amount.
Patna High Court CR. MISC. No.80166 of 2025(4) dt.13-03-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
never collected any amount from the customers and has falsely
been implicated in this case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application and submitted that there is specific accusation
against the petitioner of misappropriating huge amount of
money of the company in question.
6. Considering the nature of accusation, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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