Patna High Court
Kuldeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Kuldeep Kumar, a branch manager of Bharat Inclusion Financial Limited, was implicated in a fraud where fingerprints of customers were allegedly used to withdraw Rs. 76,768 from six accounts. The alleged fraud occurred on 2 September 2023, but the FIR was filed only on 4 April 2025. The petitioner contended that he lacked independent authority to withdraw funds, as such transactions required OTP approval from the Branch Credit Manager and were subject to multi‑tier scrutiny and CCTV review. He applied for anticipatory bail, arguing that the procedural safeguards in the bank would preclude any unauthorized withdrawal. The court examined the seriousness of the offences under Sections 407 and 409 of the Indian Penal Code and the possibility of the petitioner’s involvement. Considering the gravity of the allegations and the potential for misuse of trust, the court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner had the requisite authority to commit the alleged fraud under Sections 407 and 409 IPC.
Legislation cited
- Indian Penal Code — s. 407, 409
Subjects
- anticipatory bail
- fraud
- IPC 407
- IPC 409
- banking fraud
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82609 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- PUPRI District- Sitamarhi
======================================================
Kuldeep Kumar son of Ranjeet Mahto @ Ranjeet Kumar Mahto Village -
Chandopati rudouli Ps- Samastipur, District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Shankar, Ms. Nausheen Fatma,
Mr. Raj Kumar, Ms. Archana Kushwaha,
Mr. Shahnwaz Khan, Advocates
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 407, 409 of the Indian
Penal Code.
3. It is alleged that this petitioner, who was working
as Branch Manager of Bharat Inclusion Financial Limited, along
with other accused persons in the name of loan eligibility
verification, took fingerprints of the customers and fraudulently
withdrew Rs. 76,768/- from the account of six customers.
4. Learned counsel for the petitioner submits that
though petitioner was serving as Branch Manager of Bharat
Inclusion Financial Limited and his official duties included
disbursing loan amounts but petitioner had no independent
Patna High Court CR. MISC. No.82609 of 2025(2) dt.05-01-2026
2/2
authority for the same. The process of money withdrawal
requires generation of One Time Password (OTP) which is
mandatorily sent to the registered mobile number of Branch
Credit Manager and without his approval, the withdrawal could
not be processed. It is further submitted that every transaction
remains subject to multi-tier scrutiny as CCTV footage of the
transactions are mandatorily reviewed at the end of each month
by the senior authorities, leaving little scope for any act to go
unnoticed or unverified. Moreover, alleged incident initiated on
2.9.2023 whereas F.I.R. was registered on 4.4.2025, pursuant to
directions of the Hon’ble Court.
5. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…