Patna High Court
Raushan MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Raushan Mishra, applied for anticipatory bail in connection with a criminal case (PS Case No.235/2025) alleging offences under Sections 338, 336(3), 340(2), 316(2), 318(4) and 3(5) of the B.N.S., 2023. He claimed to have a clean antecedent and argued that he was falsely implicated by an informant who is a dealer, asserting that any amount credited to his account was subsequently returned on the direction of another dealer. The State opposed the bail, contending that the FIR shows the petitioner’s participation in a fraudulent loan‑sanctioning scheme involving employees of Bajaj Finance and several dealers, and that the investigation is ongoing. The learned APP emphasized that the petitioner allegedly accepted guilt and that the money was not returned to the company. After considering the submissions, the Court held that the seriousness of the allegations and the ongoing investigation did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged fraudulent loan‑sanctioning offences under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- fraud
- loan sanction
- criminal procedure
- B.N.S. 2023
- sections 338, 336(3), 340(2), 316(2), 318(4), 3(5)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8970 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- Kalibagh District- West Champaran
======================================================
Raushan Mishra S/o Gaurendra Mishra @ Gorandra Kumar Mishra R/o
Village- Sikta, Police station- Sikta, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Kalibagh P.S. Case No.235/2025, registered for the
offences punishable under Sections 338, 336(3), 340(2), 316(2),
318(4) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that during internal audit on 17.07.2025, it came to
notice that an amount of Rs.10 lacs in the name of customers for
purchasing two wheeler were sanctioned fraudulently without
the knowledge of the customers, further during enquiry, it
transpired that Prince, Manish, Vikash and Adarsh, all
employees of Bajaj Finance had got the fraudulent loan
Patna High Court CR. MISC. No.8970 of 2026(2) dt.24-03-2026
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sanctioned, further petitioner, Premchand and Abhay who are
dealers accepted their guilt in the occurrence.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant being a dealer. It is next submitted that no doubt some
amount was credited in the account of the petitioner but then
petitioner on dictate of Adarsh returned the amount in the
account of Anmol Raj and Chaman Kumar.
5. Learned A.P.P. for the State vehemently opposes the
prayer for anticipatory bail of the petitioner and submits that
from perusal of the allegation as alleged in the FIR, it would
manifest that informant who works for Bajaj Finance Company
has alleged that during internal audit, it transpired that
employees of Bajaj Finance Company in connivance with the
dealers including the petitioner are involved in fraudulent
transaction of getting loan sanctioned in the name of customers
and thereafter the money was credited in the account of the
dealers and from there it was routed to different persons
including the employees, as such it is submitted that even
dealers were aware that fraudulent transactions are taking place.
It is next submitted that if any amount was credited in the
account of the petitioner with regard to loan sanctioned in the
Patna High Court CR. MISC. No.8970 of 2026(2) dt.24-03-2026
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name of customers and in lieu whereof no purchase of any
vehicle was made in that event the bonafide of the petitioner
could have been established if the money was returned to the
company or the company was made aware but then the same
was not done rather in the FIR, it is alleged that petitioner
accepted his guilt. It is also submitted that investigation in the
case is continuing.
6. Considering the submissions made by the learned
APP, the Court is not inclined to extend the privilege of
anticipatory bail to the petitioner.
7. The anticipatory bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
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