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Patna High Court

Md. Ahesan AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner.

Summary

The petitioner, Md. Ahesan Alam, a former Operation Branch Manager of L&T Finance Company, was implicated in a case alleging criminal breach of trust, cheating, and misappropriation of Rs. 55.25 lakh by disbursing loans to 92 customers and diverting the funds. He sought bail, fearing arrest under sections 338, 336(3), 340(2), 316(2), 316(5), 318(4), and 61(2) of the BNS. The informant and the State opposed the bail application, arguing the seriousness of the offences and the petitioner’s conduct. The Court examined the nature of the allegations and the petitioner’s role, concluding that the gravity of the charges warranted custody. Consequently, the bail petition was rejected.

Issues considered

  • Whether bail should be granted to the petitioner in light of the alleged offences under the BNS.

Legislation cited

  • BNS — s. 316(2), 316(5), 318(4), 336(3), 338, 340(2), 61(2)

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • misappropriation
  • finance
  • high court
  • BNS
  • arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90421 of 2025
                        Arising Out of PS. Case No.-129 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Md. Ahesan Alam, S/O Md. Rejwan Alam, Resident of Village- Chousa, P.S.-
                 Chousa, District- Madhepura.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharda Nand Mishra, Advocate
                                                   Mr. Harish Chandra Patel, Advocate
                                                   Ms. Isha Mishra, Advocate
                 For the Informant        :        Mr. Apurv Harsh, Advocate
                                                   Mr. Raghu Raj Pratap, Advocate
                 For the Opposite Party/s :        Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the parties.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 338, 336(3), 340(2),

                   316(2), 316(5), 318(4), 61(2) of the BNS.

                                 3. It is alleged that this petitioner and other accused

                   persons named in the FIR by misusing the post and position

                   have committed criminal breach of trust and cheating. They

                   embezzled and misappropriated an amount of Rs. 55,25,000/-

                   (Rs. Fifty five lac twenty five thousand) of the L & T Finance

                   Company. It is further alleged that this petitioner posted as

                   Operation Branch Manager in the aforesaid company at branch

                   of Chandpur and during his tenure this petitioner along with
            Patna High Court CR. MISC. No.90421 of 2025(2) dt.19-01-2026
                                                        2/2




                      other accused persons disbursed loan amount to 92 customers

                      and misappropriated the entire amount.

                                   4. Learned counsel for the informant as well as

                      learned APP for the State opposed the prayer for bail.

                                   6. Considering the nature of accusation and conduct

                      of the petitioner, prayer for bail of the petitioner is rejected.


                                                       (Prabhat Kumar Singh, J)

khushbu/-

U      T


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