Patna High Court
Shivshankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the B.N.S. 2023.
Summary
Shivshankar Kumar applied for anticipatory bail fearing arrest in Sheikhpura Police Station Case No. 286 of 2025, which alleged offences under several sections of the B.N.S. 2023 relating to alleged embezzlement by loan officers. The FIR was lodged by a self‑declared Disaster Management employee of Spandana Sphoorty Finance Ltd, accusing four loan officers of assault and confinement of the informant. The petitioner contended that he had resigned from the finance company on 2 September 2025, well before the alleged incident on 25 September 2025, and that no specific overt act was attributed to him. The court examined the nature of the allegations, the petitioner’s resignation, and the lack of direct evidence linking him to the alleged assault. Finding the petitioner's claim credible and noting the political motive behind the accusation, the court granted anticipatory bail subject to a bond and sureties, with conditions under Section 482(2) of the B.N.S. 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging his participation in the assault and confinement of the informant.
- Whether the petitioner’s resignation prior to the alleged incident negates liability under the charged sections of the B.N.S. 2023.
Subjects
- anticipatory bail
- criminal procedure
- resignation
- fraud
- B.N.S. 2023
- section 126
- section 127
- section 115
- section 109
- section 303
- section 352
- section 351
- section 3
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9301 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Shivshankar Kumar S/o Ramlakhan Singh Resident of Village- Mirjapur, P.S-
Kinjar Mirjapur, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shadab Akhter
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Sheikhpura P.S. Case No. 286 of 2025 dated 26.09.2025
registered under Sections 126(2), 127(2), 115(2), 109, 303(2),
352, 351(2), 3(5) of the B.N.S. 2023.
3. As per the first information report the informant, who
claims to be the Disaster Management employee of Spandana
Sphoorty Finance Limited Company lodged an F.I.R. against
four fraud Loan Officers on 17.09.2025 bearing F.I.R. No. 275
of 2025 for embezzlement of Rs. 8,44,641/-. On 25.09.2025 the
informant came to Sheikhpura Branch of the Finance Company
for some urgent work where the petitioner along with other
accused persons were present. The petitioner was working in the
Branch till 25.09.2025 and was providing all information to the
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co-accused Ritesh and Ranjit. They along with one unknown
person locked the informant inside a room in the Branch,
assaulted the informant by legs, fists etc. due to which he
suffered injury. Branch Manager was standing there only but he
did not help the informant.
4. Learned counsel for the petitioner submits that informant
was not the informant of Sheikhpura P.S. Case No. 275 / 2025
dated 17.09.2025 alleging defalcation of some amount of the
financial company against certain field level employees
including the co-accused Ritesh Kumar, Ranjit Kumar etc. The
petitioner was not an accused in that case. The petitioner
resigned from the company on 02.09.2025 much prior to the
date of occurrence on 25.09.2025. No specific overt act has
been alleged against the petitioner and the petitioner has been
made accused due to office politics. The injury is simple in
nature.
5. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation against the
petitioner and the fact that petitioner already resigned on
02.09.2025 before date of occurrence, accordingly, I am inclined
to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on
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anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Sheikhpura in connection with Sheikhpura
P.S. Case No. 286 of 2025 subject to the condition as laid down
under Section 482 (2) of the B.N.S.S. 2023
(Anil Kumar Sinha, J)
praful/-
U T
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